capital gain-estate tax

56
8/15/2019 Capital Gain-estate Tax http://slidepdf.com/reader/full/capital-gain-estate-tax 1/56 What is Capital Gains Tax on Real Estate? Taxes are indeed inescapable and the real estate industry is no exception. I am sure a lot of real estate investors are very much interested to know the taxes involved in investing as they significantly impact the total cost of acquiring a property. What may seem like a good deal may turn out to be a bad one, if all the taxes are factored in. So before you go ahead and plunge into the world of real estate investing, I suggest you take the time to study taxes. or this post, I will be discussing capital gains tax on real estate . I!ll try to discuss capital gains tax on real estate in layman!s terms, based on what I have learned, for purposes of information"sharing. # disclaimer is in order of course$ While great effort has been taken to ensure the accuracy of the discussion here as of its writing, this is not intended to replace seeking professional services. %o read up on the relevant laws and regulations also. Capital Gains Tax vs. Income Tax When there is a sale of real estate, automatically people think that they have to pay &apital 'ains Tax (&'T). This is not necessarily the case. &'T is a tax on the gain from the sale of capital assets. *egular corporate income tax (*&IT) +for corporations and regular income tax +for individuals apply to the sale of ordinary assets while &'T applies to the sale of capital assets. Thus, we first have to determine whether the asset being sold is a capital or an ordinary asset so as to know the proper tax rate to be used and the -I* form to be used, among others. Capital assets vs. Ordinary assets The term capital assets/ is defined negatively in Section 01(#)(2) of the Tax &ode as follows$ “(1) Capital Assets. – the term ‘capital assets’ means property held by the taxpayer (whether or not connected with his trade or business) but does not include ! stoc" in trade o# the taxpayer or other property o# a "ind which would properly be included in the in$entory o# the taxpayer i# on hand at the close o# the taxable year or ! property held by the taxpayer primarily #or sale to customers in the ordinary course o#

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Page 1: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 156

What is Capital Gains Tax on Real Estate

Taxes are indeed inescapable and the real estate industry is no exception I am sure a

lot of real estate investors are very much interested to know the taxes involved in

investing as they significantly impact the total cost of acquiring a property

What may seem like a good deal may turn out to be a bad one if all the taxes arefactored in So before you go ahead and plunge into the world of real estate investing Isuggest you take the time to study taxes or this post I will be discussing capitalgains tax on real estate Ill try to discuss capital gains tax on real estate in laymans terms based on what I havelearned for purposes of informationsharing disclaimer is in order of course$ Whilegreat effort has been taken to ensure the accuracy of the discussion here as of itswriting this is not intended to replace seeking professional services o read up on therelevant laws and regulations also

Capital Gains Tax vs Income TaxWhen there is a sale of real estate automatically people think that they have to payampapital ains Tax (ampT) This is not necessarily the case ampT is a tax on the gain fromthe sale of capital assets egular corporate income tax (ampIT) +for corporations andregular income tax +for individuals apply to the sale of ordinary assets while ampTapplies to the sale of capital assets

Thus we first have to determine whether the asset being sold is a capital or an ordinaryasset so as to know the proper tax rate to be used and the -I form to be used amongothers

Capital assets vs Ordinary assetsThe term capital assets is defined negatively in Section 01()(2) of the Tax ampode asfollows$

ldquo(1) Capital Assets ndash the term lsquocapital assetsrsquo means property held by the taxpayer

(whether or not connected with his trade or business) but does not include

stoc in trade o the taxpayer or other property o a ind which would properly be

included in the in$entory o the taxpayer i on hand at the close o the taxable year or

property held by the taxpayer primarily or sale to customers in the ordinary course o

8152019 Capital Gain-estate Tax

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his trade or business or

property used in the trade or business o a character which is subect to the allowance

or depreciation pro$ided in ampubsection () o ampection

or real property used in trade or business o the taxpayer+

s applied to the real estate industry the terms capital assets and ordinary assetsare defined in Section 3(c) of evenue egulations () 4o 53660 dated ecember35 3663 Its essentially the same as the above definition

It has an additional provision though on real properties acquired by banks throughforeclosure sales 7 the same are considered as their ordinary assets but banks shall notbe considered as habitually engaged in the real estate business for purposes ofdetermining the applicable rate of expanded withholding tax

Since we are talking about the sale of real property here we need to know the definitionof real property Section 3(c) of 4o 53660 states that eal property shall havethe same meaning attributed to that term under rticle 829 of epublic ct 4o 0otherwise known as the ampivil ampode of the lthilippines rticle 829 of the ampivil ampodeprovides$

ldquoArt 1 -he ollowing are immo$able property

(1) and buildings roads and constructions o all inds adhered to the soil

(0) -rees plants and growing ruits while they are attached to the land or orm an

integral part o an immo$able

( ) $erything attached to an immo$able in a ixed manner in such a way that it cannot

be separated thererom without breaing the material or deterioration o the obect

( ) amptatues relies paintings or other obects or use or ornamentation placed in

buildings or on lands by the owner o the immo$able in such a manner that it re$eals

the intention to attach them permanently to the tenements

() 2achinery receptacles instruments or implements intended by the owner o the

tenement or an industry or wors which may be carried on in a building or on a piece o

land and which tend directly to meet the needs o the said industry or wors

8152019 Capital Gain-estate Tax

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(3) Animal houses pigeon4houses beehi$es ish ponds or breeding places o similar

nature in case their owner has placed them or preser$es them with the intention to

ha$e them permanently attached to the land and orming a permanent part o it the

animals in these places are included

(5) ertili6er actually used on a piece o land

(7) 2ines 8uarries and slag dumps while the matter thereo orms part o the bed and

waters either running or stagnant

(9) ocs and structures which though loating are intended by their nature and obect

to remain at a ixed place on a ri$er lae or coast

(1) Contracts or public wors and ser$itudes and other real rights o$er immo$able

property+

Thus it appears that it is not only the sale of land and buildings or houses which weshould be focusing on but also the sale of the above

s 4o 53660 is a very important rule on real estate I have included the saidregulations in this post for your reference ead it in its entirety =ou may download acopy here nswers to frequently asked questions can be found in this document

In simple terms if the property is not ordinarily held for sale (as inventory) or used inbusiness and subgtect to depreciation then the property is a capital asset 4ow if aseller is engaged in the real estate business and the property is one he holds out forsale to the public then the property may be considered as an ordinary asset

lt=ote that there may be instances when a seller is engaged in the real estate businessbut the property is not held or sale or used in business or was idle or a long time ndash thisis one o the instances when the property may be considered a capital assetgt

amponversely if a seller is not engaged in the real estate business and the property is notused in business and subgtect to depreciation the property may be considered as acapital asset the sale of which is subgtect to ampT

Section 0 of 4o 53660 provides the uidelines in etermining Whether altarticular eal ltroperty is a ampapital sset or rdinary sset

8152019 Capital Gain-estate Tax

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Tax Rate to be UsedWhen the real property which is a capital asset to the seller is sold the gross sellingprice or fair market value ( A) +Bonal value whichever is higher will be subgtect to CampT ltlease refer to the -I

website http$DDwwwbirgovphDBonalvaluesDBonalvalueshtm for the Bonal values

Technically its not really only the gain (selling price less cost) which is taxed becauseeven if the seller suffered a loss (that is the selling price is lower than the originalacquisition cost of the property) there will still be ampT because a gain is alwayspresumed

n the other hand if the seller is engaged in the real estate business and the realproperty sold is an ordinary asset the sale will be subgtect to ampIT +or minimumcorporate income tax (ampIT) when applicable if the taxpayer is a corporation andincome tax if the seller is an individual

The proceeds from the sale of the real property will be included in the sellers globalincome (meaning income from all sources 7 note that domestic corporations andresident citiBens are taxed on all sources of income whether from within or outside thecountry) and only the net income after allowable deductions such as depreciationlosses etc will be subgtected to ampIT ampIT or regular income tax whichever isapplicable

AETISEE4T

Fnder epublic ct 4o 1005 the ampIT is now 06C on net taxable income (beginningon Ganuary 2 3661 down from 09C) The regular income tax for individuals remains at03C

ltlease note that there is an exception to the application of the ampT and that is the saleof a principal residence (your own home) This deserves a separate discussion as Iintend to take advantage of this when we purchase our next residence

IR procedre ssuming that you are interested in buying a property from a seller who is an individualand who is not engaged in the real estate business the seller needs to pay ampT on thesale of his real property unless you have made an agreement that you as the buyer willshoulder this

The seller needs to file -I orm 4o 256 within thirty (06) days after each saleexchange transfer or other disposition of real property =ou can download -I orm4o 256 here

8152019 Capital Gain-estate Tax

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ocmentary Reirements

1 ) ne original copy and one photocopy o the =otari6ed eed o ampale or xchange

0 ) hotocopy o the -ranser Certiicate o -itle riginal Certiicate o -itle or

Condominium Certiicate o -itle

) Certiied -rue Copy o the tax declaration on the lot and or impro$ement during

nearest time o sale

) ldquoCertiicate o =o Bmpro$ement+ issued by the Assessorrsquos oice where the property

has no declared impro$ement i applicable or ampworn eclaration Aida$it o =o

Bmpro$ement by at least one (1) o the transerees

) Copy o BD Duling or tax exemption conirmed by BD i applicable

3 ) uly appro$ed -ax ebit 2emo i applicable

5 ) ldquoampworn eclaration o Bnterest+ as prescribed under De$enue Degulations 1 499 i

the transaction is tax4exempt

7 ) ocuments supporting the exemption

dditional requirements may be requested for presentation during audit of the tax casedepending upon existing audit procedures

$o to ampile the Capital Gains Tax Retrn=ou gtust have to file the ampapital ains Tax return in triplicate (two copies for the -I andone copy for the taxpayer) with the uthoriBed gent -ank (-) in the evenue

istrict where the property is located along with the documentary requirements and thetax due

In places where there are no - the return will be filed directly with the evenueampollection fficer or uthoriBed ampity or unicipal Treasurer =ou can view the evenueistrict ffices () here$ http$DDwwwbirgovphDdirectoryDrdohtm amplick on theconcerned

8152019 Capital Gain-estate Tax

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or example if you click on 8 7 West akati you will gettohttp$DDwwwbirgovphDdirectoryDrdoinnerhtmH8 The names of the evenue istrictfficer and ssistant evenue istrict fficer as well as their contact numbers and email addresses and the address of the evenue istrict ffice and the -s within thesaid may be found there

ample CGT comptation residential condominium in akati ampity with a floor area of 96sqm has a Selling ltrice(Slt) of 26 The existing Bonal value per square meter for that condo in akati iscurrently lthp96666Dsqm =ou have called the owner and found out that he is notengaged in the real estate business

e also told you that as part of the deal the buyer shall shoulder the ampT s the buyerhow much is the ampT which you will have to pay the seller on top of the selling priceJ

irst lets compute for the air market Aalue ( A)$

AKLonal Aalue x loor reaK96666 pesosDsqm x 96sqmK3966666 pesos

Since A is higher than Slt we shall use A to compute the ampT$

ampTKC x A

K66 x 3966666 pesosK296666 pesos

Therefore the buyer shall have to shell out an additional 296666 pesos

4ote that while technically the ampT is always the responsibility of the seller and that ifthe buyer shoulders the ampT it is in effect part of the selling price to be compared to

A for purposes of computing the C ampT I noted that the practice of banks is tocompute the ampT this way

4ow what if you called up the seller and told him that you are willing to buy the propertybut he should shoulder the capital gains tax as the seller then he counters your offerand says he is willing to shoulder the ampT up to his selling price and the buyer shallshoulder the ampT for the excess or the difference between the Slt and A how doyou compute for the ampTJ

irst lets compute for the excess or difference between the Slt and the A$

8152019 Capital Gain-estate Tax

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ExcessK ASltK3966666pesos 7 2666666pesosK2966666 pesos

4ow lets compute for the ampT to be shouldered by the buyer$

ampT for the buyer KC x ExcessK66 x 2966666 pesosK16666 pesos

The ampT to be shouldered by the seller is as follows$

ampTKC x SltK66 x 2666666 pesosK6666 pesos

Take note that the total ampT is 16666 pesos M 6666 pesos K 296666 pesos which isconsistent with our first computation The ampT was gtust split between the buyer and theseller

s investors we should always try to negotiate for the best terms and in relation to thisparticular example always try to have the other party shoulder the ampT

The seller will still be the one to file the ampT and he shall have to file the return in an uthoriBed gent -ank within the evenue istrict where the property is located inakati within 06 days the deed of sale was executed

Creditable Withholding Tax In Real Estate Transactions

ampreditable withholding tax (ampWT) is the tax which is withheld by the buyerDwithholding

agent from his payment to the seller for the sale of the sellers ordinary assetDservices

and which tax is creditable against the income tax payable of the seller I know this

sounds confusing so let me tell you about the withholding tax system first

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices o

read up on the rele$ant laws and regulations also

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 856

-ackground on the Withholding Tax System

We all know that the ordinary income of a personDcorporation is subgtect to regular

income tax Fnder the withholding tax system the government gives the buyer the

responsibility to withhold a certain percentage of his payment to the seller and remit thesame to the government Thus the amount remitted by the buyer to the seller is less

than the purchase price The buyer should provide the seller with -I orm 4o

3065 (ampertificate of ampreditable Taxes Withheld) which states the amount of the taxes he

withheld

The tax withheld is called the withholding tax and the buyer in this case is called a

withholding agent ltlease note that this only applies to the ordinary income of the seller

as opposed to his capital gain ltlease refer to my earlier post on the difference betweenordinary assets and capital assets

ldquoEhat is the rationale or this systemF+ you may ask

To put it simply the tax withheld by the buyer acts as the advanced payment of the

sellers taxes Since the seller will only pay income taxes on a quarterly basis and the

government spends all throughout the year it would be difficult for the government to

operate if it only gets income taxes quarterly lso since the buyer withholds only a

small percentage of the sellers gross receipts (lets say 3C) the government is alerted

that the seller realiBed income to the extent of the grossedup amount of the taxes

withheld

or example lt366666 which pertains to 3C withholding tax means that the seller sold

lt26666666 worth of assetsDservices for which he should pay income taxes When the

time comes for the payment by the seller of his income taxes and he doesnt declare

the income from which the buyer withheld taxes a discrepancy will arise and the

government will have a tip to investigate whether the seller is paying the correct taxes

Take note the -ureau of Internal evenue (-I) already has computer software in

place which determines discrepancies automatically

8152019 Capital Gain-estate Tax

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n the part of the buyer he must withhold taxes otherwise he will not be able to

deduct his expense or example if his expense is lt26666666 and he is required to

withhold 3C of this or lt366666 and he does not withhold and remit this amount for

income tax computation purposes he may not deduct his lt266666 expense from his

taxable income

Thus if his gross income is lt36666666 and he may not deduct the lt26666666

expense (assuming there are no other deductible expenses of course) he will pay taxes

based on a net income of lt36666666 instead of lt26666666

n the part of the seller since the taxes withheld act as his advanced payment of his

income tax when the time comes for the quarterly payment of income taxes he will

subtract the tax withheld from his income tax payable or example if his income taxpayable is lt0366666 and the tax withheld from him is lt366666 then he will only pay

lt0666666 income tax

s proof of the taxes withheld he should attach the -I orm 4o 3065 (ampertificate of

ampreditable Taxes Withheld) provided by the buyer to his income tax return

ampreditable Withholding Taxes n eal Estate Transactions

s earlier noted this only applies to the sale of real estate which are ordinary assets of

the seller Thus when the real estate sold is a capital asset to the seller his income

from the sale of real estate will be subgtect to capital gains tax and no creditable

withholding tax shall be imposed on the transaction

ltlease refer to my earlier post about ordinary assets vs capital assets rom hereon we

will assume that we are talking about the sale of ordinary real estate assets

oing now to the creditable withholding tax base the withholding agentDbuyer isrequired to withhold a creditable withholding tax based on the higher of the following$

a) gross selling priceDtotal amount of consideration or

b) the fair market value determined in accordance with Section (E) of the ampode

8152019 Capital Gain-estate Tax

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Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 3662 the percentages of taxes to be withheld are as follows$

( Fpon the following values of real property where the seller Dtransferor is habitually

engaged in the real estate business as per proof of registration with the NF- or the

Fampamp or other satisfactory evidence (for example heDit consummated during the

preceding year at least six taxable real estate transactions regardless of amount)$

a)With a selling price of Seven Hundred Fifty Thousand Pesos (P50000000) orless

15

)With a selling price of ore than Five Hundred Thousand Pesos ut not orethan To $illion Pesos (amp000amp00000)

0

c)With a selling price of ore than To $illion Pesos (amp000amp00000)50

Where the seller transferor is not haitually engaged in the real estate usiness(ut the real estate sold is an ordinary asset)

0

C

Where the seller transferor is eept fro creditale ithholding ta inaccordance ith Section 5+5 of evenue egulations -o When theseller is eept fro incoe taes 2s earlier notedamp the creditale taesithheld serve as advance payent of incoe taes So hen a seller is taeeptamp it follos that no ta should e ithheld fro his incoe3

4ept

ltlease note that the sale of foreclosed properties by banks is subgtect to creditable

withholding tax of C because banks are not considered as habitually engaged in the

real estate business and properties acquired by banks through foreclosure sales are

considered as ordinary assets pursuant to evenue egulations 4o 53660

Time and ltlace of ltayment of ampreditable Withholding Tax

8152019 Capital Gain-estate Tax

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eneral ule

Section 8 of 4o 6686 dated ebruary 21 366 provides for the time and place of

payment of creditable withholding tax and ST on the sale exchange or other mode of

onerous disposition of real properties classified as ordinary assets

AETISEE4T

ampreditable withholding taxes deducted and withheld by the withholding agentDbuyer on

the sale transfer or exchange of real property classified as ordinary asset shall be paid

by the withholding agentDbuyer upon filing of the return with the uthoriBed gent -ank

(-) located within the evenue istrict ffice () having gturisdiction over the

place where the property being transferred is located within ten (26) days following the

end of the month in which the transaction occurred The creditable withholding tax

return is -I orm 26

Taxes withheld in ecember shall be filed on or before Ganuary 29 of the following year

ltlease note that this is subgtect to the rules prescribed by Electronic iling and ltayment

System (E ltS) regulations in case the taxpayer is an E ltS taxpayer Fseful tip$ =ou

can find the -s for each in the -I website Gust click on the number

concerned

Rles nder ection )+) - o Revene Reglations RR 0o )1234 as amended by RR 0o 5+1)6674 in cases here the byers areengaged or not engaged in trade or bsiness8

- -uyer is not engaged in trade or business

5 Installment ale

Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 253660 if the sale is a sale of property on the installment plan (ie payments in

the year of sale do not exceed twenty five percent (39C) of the selling price) no

withholding is required to be made on the periodic installment payments

8152019 Capital Gain-estate Tax

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In such a case the applicable rate of tax based on the gross selling price or fair market

value of the property at the time of the execution of the contract to sell whichever is

higher shall be withheld on the last installment or installments immediately prior to such

last installment if the last installment is not sufficient to cover the tax due to be paid to

the seller until the tax is fully paid

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installment

plan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

amp -uyer is engaged in trade or business

5 Installment ale

If the sale is a sale of property on the installment plan +ie payments in the year of sale

do not exceed twenty five percent (39C) of the selling price the tax shall be deducted

and withheld by the buyer from every installment which tax shall be based on the ratio

of actual collection of the consideration against the agreed consideration appearing in

the ampontract to Sell applied to the gross selling price or fair market value of the property

at the time of the execution of the ampontract to Sell whichever is higher

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installmentplan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

8152019 Capital Gain-estate Tax

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In any case no ampertificate uthoriBing egistration (amp)DTax amplearance ampertificate

(TampN) shall be issued to the buyer unless the withholding tax due on the sale transfer

or exchange of real property has been fully paid

or the sale of property on installment basis or deferred payment basis where the

ampontract to Sell is always executed before the execution of the eed of Sale the said

ampontract to Sell must be attached to the eed of bsolute Sale executed upon

completion of the payments and the duly notariBed original duplicate copy of both

documents must be presented to the having gturisdiction of the place where the

property is located for validation of the correctness of issuance of ampDTampN

If upon completion of the payment of the purchase price of real property classified as

ordinary asset but before the execution of the eed of Sale the buyer decides toassign his right over the property to another person for a consideration the assignment

shall be considered a separate sale of real property and therefore subgtect to the

creditableDexpanded withholding tax (EWT) or final withholding of capital gains tax as

the case may be which shall be withheld by the assignee of such property based on the

consideration per eed of ssignment or the fair market value of such property at the

time of assignment whichever is higher and to the ST imposed under Sec 21 of the

same ampode using the same basis

It is to be clarified however that sale of interest in real property (real property

purchased on installment covered by ampontract to Sell which was sold by the original

buyer before it was fully paid) shall be taxable on the part of the original buyer (now

seller) based on the realiBed gain thereon which is measured by the difference between

the agreed consideration and the amount actually paid by the said original buyer

What yo need to no abot ale1(dded Tax (T on the sale oReal Estate

pdated on $ay amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1456

lot of people have questions on taxes including Aaluedded Tax or AT +2 on the

sale of eal Estate +3 so I will try my best to explain it as simply as I can

The subgtect of taxes is quite technical so I apologiBe if my explanation may seem quite

hard to digest at times

Why should we learn about taxesJ

Why is it important to know whether the sale of a certain property is subgtect to AT and

ampreditable Withholding Tax (ampWT) or ampapital ains Tax (ampT)J To put it simply if you

pay the wrong tax for example ampT instead of AT and ampWT you may be liable for

deficiency AT and ampWT plus penalties and you would have to undergo a long and

difficult process to get a refund (ood luck in getting a refundO)

side from the very painful payment of a lot of taxes there may be a delay in the r

elease of the ampertificate uthoriBing egistration (amp) which you need in order for the

title to the property to be transferred to the name of the buyer

In addition to the above AT should be considered in the pricing of real estate sold

4ote that compared to a capital asset subgtect to C ampT an ordinary asset will be

subgtect to ampWT of as high as C plus 23C AT Thus AT may make or break atransaction or lower the profit of the seller

When is a sale of real property subgtect to ATJ

If the sellertaxpayer is a ATregistered person the sale of his ordinary asset shall be

subgtect to AT

person should register as a AT entity if his gross annual sales andDor receipts

exceed lt212196666 in a year If he is not originally registered as a AT entity but heexceeded the threshold he should submit -I orm 4o 2169 (Taxpayer egistration

Fpdate) to change to AT

When is an asset considered as ordinaryJ rdinary assets are those which are$

8152019 Capital Gain-estate Tax

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2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

8152019 Capital Gain-estate Tax

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

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covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

8152019 Capital Gain-estate Tax

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

8152019 Capital Gain-estate Tax

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

8152019 Capital Gain-estate Tax

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 2: Capital Gain-estate Tax

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his trade or business or

property used in the trade or business o a character which is subect to the allowance

or depreciation pro$ided in ampubsection () o ampection

or real property used in trade or business o the taxpayer+

s applied to the real estate industry the terms capital assets and ordinary assetsare defined in Section 3(c) of evenue egulations () 4o 53660 dated ecember35 3663 Its essentially the same as the above definition

It has an additional provision though on real properties acquired by banks throughforeclosure sales 7 the same are considered as their ordinary assets but banks shall notbe considered as habitually engaged in the real estate business for purposes ofdetermining the applicable rate of expanded withholding tax

Since we are talking about the sale of real property here we need to know the definitionof real property Section 3(c) of 4o 53660 states that eal property shall havethe same meaning attributed to that term under rticle 829 of epublic ct 4o 0otherwise known as the ampivil ampode of the lthilippines rticle 829 of the ampivil ampodeprovides$

ldquoArt 1 -he ollowing are immo$able property

(1) and buildings roads and constructions o all inds adhered to the soil

(0) -rees plants and growing ruits while they are attached to the land or orm an

integral part o an immo$able

( ) $erything attached to an immo$able in a ixed manner in such a way that it cannot

be separated thererom without breaing the material or deterioration o the obect

( ) amptatues relies paintings or other obects or use or ornamentation placed in

buildings or on lands by the owner o the immo$able in such a manner that it re$eals

the intention to attach them permanently to the tenements

() 2achinery receptacles instruments or implements intended by the owner o the

tenement or an industry or wors which may be carried on in a building or on a piece o

land and which tend directly to meet the needs o the said industry or wors

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(3) Animal houses pigeon4houses beehi$es ish ponds or breeding places o similar

nature in case their owner has placed them or preser$es them with the intention to

ha$e them permanently attached to the land and orming a permanent part o it the

animals in these places are included

(5) ertili6er actually used on a piece o land

(7) 2ines 8uarries and slag dumps while the matter thereo orms part o the bed and

waters either running or stagnant

(9) ocs and structures which though loating are intended by their nature and obect

to remain at a ixed place on a ri$er lae or coast

(1) Contracts or public wors and ser$itudes and other real rights o$er immo$able

property+

Thus it appears that it is not only the sale of land and buildings or houses which weshould be focusing on but also the sale of the above

s 4o 53660 is a very important rule on real estate I have included the saidregulations in this post for your reference ead it in its entirety =ou may download acopy here nswers to frequently asked questions can be found in this document

In simple terms if the property is not ordinarily held for sale (as inventory) or used inbusiness and subgtect to depreciation then the property is a capital asset 4ow if aseller is engaged in the real estate business and the property is one he holds out forsale to the public then the property may be considered as an ordinary asset

lt=ote that there may be instances when a seller is engaged in the real estate businessbut the property is not held or sale or used in business or was idle or a long time ndash thisis one o the instances when the property may be considered a capital assetgt

amponversely if a seller is not engaged in the real estate business and the property is notused in business and subgtect to depreciation the property may be considered as acapital asset the sale of which is subgtect to ampT

Section 0 of 4o 53660 provides the uidelines in etermining Whether altarticular eal ltroperty is a ampapital sset or rdinary sset

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Tax Rate to be UsedWhen the real property which is a capital asset to the seller is sold the gross sellingprice or fair market value ( A) +Bonal value whichever is higher will be subgtect to CampT ltlease refer to the -I

website http$DDwwwbirgovphDBonalvaluesDBonalvalueshtm for the Bonal values

Technically its not really only the gain (selling price less cost) which is taxed becauseeven if the seller suffered a loss (that is the selling price is lower than the originalacquisition cost of the property) there will still be ampT because a gain is alwayspresumed

n the other hand if the seller is engaged in the real estate business and the realproperty sold is an ordinary asset the sale will be subgtect to ampIT +or minimumcorporate income tax (ampIT) when applicable if the taxpayer is a corporation andincome tax if the seller is an individual

The proceeds from the sale of the real property will be included in the sellers globalincome (meaning income from all sources 7 note that domestic corporations andresident citiBens are taxed on all sources of income whether from within or outside thecountry) and only the net income after allowable deductions such as depreciationlosses etc will be subgtected to ampIT ampIT or regular income tax whichever isapplicable

AETISEE4T

Fnder epublic ct 4o 1005 the ampIT is now 06C on net taxable income (beginningon Ganuary 2 3661 down from 09C) The regular income tax for individuals remains at03C

ltlease note that there is an exception to the application of the ampT and that is the saleof a principal residence (your own home) This deserves a separate discussion as Iintend to take advantage of this when we purchase our next residence

IR procedre ssuming that you are interested in buying a property from a seller who is an individualand who is not engaged in the real estate business the seller needs to pay ampT on thesale of his real property unless you have made an agreement that you as the buyer willshoulder this

The seller needs to file -I orm 4o 256 within thirty (06) days after each saleexchange transfer or other disposition of real property =ou can download -I orm4o 256 here

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ocmentary Reirements

1 ) ne original copy and one photocopy o the =otari6ed eed o ampale or xchange

0 ) hotocopy o the -ranser Certiicate o -itle riginal Certiicate o -itle or

Condominium Certiicate o -itle

) Certiied -rue Copy o the tax declaration on the lot and or impro$ement during

nearest time o sale

) ldquoCertiicate o =o Bmpro$ement+ issued by the Assessorrsquos oice where the property

has no declared impro$ement i applicable or ampworn eclaration Aida$it o =o

Bmpro$ement by at least one (1) o the transerees

) Copy o BD Duling or tax exemption conirmed by BD i applicable

3 ) uly appro$ed -ax ebit 2emo i applicable

5 ) ldquoampworn eclaration o Bnterest+ as prescribed under De$enue Degulations 1 499 i

the transaction is tax4exempt

7 ) ocuments supporting the exemption

dditional requirements may be requested for presentation during audit of the tax casedepending upon existing audit procedures

$o to ampile the Capital Gains Tax Retrn=ou gtust have to file the ampapital ains Tax return in triplicate (two copies for the -I andone copy for the taxpayer) with the uthoriBed gent -ank (-) in the evenue

istrict where the property is located along with the documentary requirements and thetax due

In places where there are no - the return will be filed directly with the evenueampollection fficer or uthoriBed ampity or unicipal Treasurer =ou can view the evenueistrict ffices () here$ http$DDwwwbirgovphDdirectoryDrdohtm amplick on theconcerned

8152019 Capital Gain-estate Tax

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or example if you click on 8 7 West akati you will gettohttp$DDwwwbirgovphDdirectoryDrdoinnerhtmH8 The names of the evenue istrictfficer and ssistant evenue istrict fficer as well as their contact numbers and email addresses and the address of the evenue istrict ffice and the -s within thesaid may be found there

ample CGT comptation residential condominium in akati ampity with a floor area of 96sqm has a Selling ltrice(Slt) of 26 The existing Bonal value per square meter for that condo in akati iscurrently lthp96666Dsqm =ou have called the owner and found out that he is notengaged in the real estate business

e also told you that as part of the deal the buyer shall shoulder the ampT s the buyerhow much is the ampT which you will have to pay the seller on top of the selling priceJ

irst lets compute for the air market Aalue ( A)$

AKLonal Aalue x loor reaK96666 pesosDsqm x 96sqmK3966666 pesos

Since A is higher than Slt we shall use A to compute the ampT$

ampTKC x A

K66 x 3966666 pesosK296666 pesos

Therefore the buyer shall have to shell out an additional 296666 pesos

4ote that while technically the ampT is always the responsibility of the seller and that ifthe buyer shoulders the ampT it is in effect part of the selling price to be compared to

A for purposes of computing the C ampT I noted that the practice of banks is tocompute the ampT this way

4ow what if you called up the seller and told him that you are willing to buy the propertybut he should shoulder the capital gains tax as the seller then he counters your offerand says he is willing to shoulder the ampT up to his selling price and the buyer shallshoulder the ampT for the excess or the difference between the Slt and A how doyou compute for the ampTJ

irst lets compute for the excess or difference between the Slt and the A$

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ExcessK ASltK3966666pesos 7 2666666pesosK2966666 pesos

4ow lets compute for the ampT to be shouldered by the buyer$

ampT for the buyer KC x ExcessK66 x 2966666 pesosK16666 pesos

The ampT to be shouldered by the seller is as follows$

ampTKC x SltK66 x 2666666 pesosK6666 pesos

Take note that the total ampT is 16666 pesos M 6666 pesos K 296666 pesos which isconsistent with our first computation The ampT was gtust split between the buyer and theseller

s investors we should always try to negotiate for the best terms and in relation to thisparticular example always try to have the other party shoulder the ampT

The seller will still be the one to file the ampT and he shall have to file the return in an uthoriBed gent -ank within the evenue istrict where the property is located inakati within 06 days the deed of sale was executed

Creditable Withholding Tax In Real Estate Transactions

ampreditable withholding tax (ampWT) is the tax which is withheld by the buyerDwithholding

agent from his payment to the seller for the sale of the sellers ordinary assetDservices

and which tax is creditable against the income tax payable of the seller I know this

sounds confusing so let me tell you about the withholding tax system first

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices o

read up on the rele$ant laws and regulations also

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-ackground on the Withholding Tax System

We all know that the ordinary income of a personDcorporation is subgtect to regular

income tax Fnder the withholding tax system the government gives the buyer the

responsibility to withhold a certain percentage of his payment to the seller and remit thesame to the government Thus the amount remitted by the buyer to the seller is less

than the purchase price The buyer should provide the seller with -I orm 4o

3065 (ampertificate of ampreditable Taxes Withheld) which states the amount of the taxes he

withheld

The tax withheld is called the withholding tax and the buyer in this case is called a

withholding agent ltlease note that this only applies to the ordinary income of the seller

as opposed to his capital gain ltlease refer to my earlier post on the difference betweenordinary assets and capital assets

ldquoEhat is the rationale or this systemF+ you may ask

To put it simply the tax withheld by the buyer acts as the advanced payment of the

sellers taxes Since the seller will only pay income taxes on a quarterly basis and the

government spends all throughout the year it would be difficult for the government to

operate if it only gets income taxes quarterly lso since the buyer withholds only a

small percentage of the sellers gross receipts (lets say 3C) the government is alerted

that the seller realiBed income to the extent of the grossedup amount of the taxes

withheld

or example lt366666 which pertains to 3C withholding tax means that the seller sold

lt26666666 worth of assetsDservices for which he should pay income taxes When the

time comes for the payment by the seller of his income taxes and he doesnt declare

the income from which the buyer withheld taxes a discrepancy will arise and the

government will have a tip to investigate whether the seller is paying the correct taxes

Take note the -ureau of Internal evenue (-I) already has computer software in

place which determines discrepancies automatically

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n the part of the buyer he must withhold taxes otherwise he will not be able to

deduct his expense or example if his expense is lt26666666 and he is required to

withhold 3C of this or lt366666 and he does not withhold and remit this amount for

income tax computation purposes he may not deduct his lt266666 expense from his

taxable income

Thus if his gross income is lt36666666 and he may not deduct the lt26666666

expense (assuming there are no other deductible expenses of course) he will pay taxes

based on a net income of lt36666666 instead of lt26666666

n the part of the seller since the taxes withheld act as his advanced payment of his

income tax when the time comes for the quarterly payment of income taxes he will

subtract the tax withheld from his income tax payable or example if his income taxpayable is lt0366666 and the tax withheld from him is lt366666 then he will only pay

lt0666666 income tax

s proof of the taxes withheld he should attach the -I orm 4o 3065 (ampertificate of

ampreditable Taxes Withheld) provided by the buyer to his income tax return

ampreditable Withholding Taxes n eal Estate Transactions

s earlier noted this only applies to the sale of real estate which are ordinary assets of

the seller Thus when the real estate sold is a capital asset to the seller his income

from the sale of real estate will be subgtect to capital gains tax and no creditable

withholding tax shall be imposed on the transaction

ltlease refer to my earlier post about ordinary assets vs capital assets rom hereon we

will assume that we are talking about the sale of ordinary real estate assets

oing now to the creditable withholding tax base the withholding agentDbuyer isrequired to withhold a creditable withholding tax based on the higher of the following$

a) gross selling priceDtotal amount of consideration or

b) the fair market value determined in accordance with Section (E) of the ampode

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Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 3662 the percentages of taxes to be withheld are as follows$

( Fpon the following values of real property where the seller Dtransferor is habitually

engaged in the real estate business as per proof of registration with the NF- or the

Fampamp or other satisfactory evidence (for example heDit consummated during the

preceding year at least six taxable real estate transactions regardless of amount)$

a)With a selling price of Seven Hundred Fifty Thousand Pesos (P50000000) orless

15

)With a selling price of ore than Five Hundred Thousand Pesos ut not orethan To $illion Pesos (amp000amp00000)

0

c)With a selling price of ore than To $illion Pesos (amp000amp00000)50

Where the seller transferor is not haitually engaged in the real estate usiness(ut the real estate sold is an ordinary asset)

0

C

Where the seller transferor is eept fro creditale ithholding ta inaccordance ith Section 5+5 of evenue egulations -o When theseller is eept fro incoe taes 2s earlier notedamp the creditale taesithheld serve as advance payent of incoe taes So hen a seller is taeeptamp it follos that no ta should e ithheld fro his incoe3

4ept

ltlease note that the sale of foreclosed properties by banks is subgtect to creditable

withholding tax of C because banks are not considered as habitually engaged in the

real estate business and properties acquired by banks through foreclosure sales are

considered as ordinary assets pursuant to evenue egulations 4o 53660

Time and ltlace of ltayment of ampreditable Withholding Tax

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eneral ule

Section 8 of 4o 6686 dated ebruary 21 366 provides for the time and place of

payment of creditable withholding tax and ST on the sale exchange or other mode of

onerous disposition of real properties classified as ordinary assets

AETISEE4T

ampreditable withholding taxes deducted and withheld by the withholding agentDbuyer on

the sale transfer or exchange of real property classified as ordinary asset shall be paid

by the withholding agentDbuyer upon filing of the return with the uthoriBed gent -ank

(-) located within the evenue istrict ffice () having gturisdiction over the

place where the property being transferred is located within ten (26) days following the

end of the month in which the transaction occurred The creditable withholding tax

return is -I orm 26

Taxes withheld in ecember shall be filed on or before Ganuary 29 of the following year

ltlease note that this is subgtect to the rules prescribed by Electronic iling and ltayment

System (E ltS) regulations in case the taxpayer is an E ltS taxpayer Fseful tip$ =ou

can find the -s for each in the -I website Gust click on the number

concerned

Rles nder ection )+) - o Revene Reglations RR 0o )1234 as amended by RR 0o 5+1)6674 in cases here the byers areengaged or not engaged in trade or bsiness8

- -uyer is not engaged in trade or business

5 Installment ale

Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 253660 if the sale is a sale of property on the installment plan (ie payments in

the year of sale do not exceed twenty five percent (39C) of the selling price) no

withholding is required to be made on the periodic installment payments

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In such a case the applicable rate of tax based on the gross selling price or fair market

value of the property at the time of the execution of the contract to sell whichever is

higher shall be withheld on the last installment or installments immediately prior to such

last installment if the last installment is not sufficient to cover the tax due to be paid to

the seller until the tax is fully paid

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installment

plan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

amp -uyer is engaged in trade or business

5 Installment ale

If the sale is a sale of property on the installment plan +ie payments in the year of sale

do not exceed twenty five percent (39C) of the selling price the tax shall be deducted

and withheld by the buyer from every installment which tax shall be based on the ratio

of actual collection of the consideration against the agreed consideration appearing in

the ampontract to Sell applied to the gross selling price or fair market value of the property

at the time of the execution of the ampontract to Sell whichever is higher

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installmentplan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

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In any case no ampertificate uthoriBing egistration (amp)DTax amplearance ampertificate

(TampN) shall be issued to the buyer unless the withholding tax due on the sale transfer

or exchange of real property has been fully paid

or the sale of property on installment basis or deferred payment basis where the

ampontract to Sell is always executed before the execution of the eed of Sale the said

ampontract to Sell must be attached to the eed of bsolute Sale executed upon

completion of the payments and the duly notariBed original duplicate copy of both

documents must be presented to the having gturisdiction of the place where the

property is located for validation of the correctness of issuance of ampDTampN

If upon completion of the payment of the purchase price of real property classified as

ordinary asset but before the execution of the eed of Sale the buyer decides toassign his right over the property to another person for a consideration the assignment

shall be considered a separate sale of real property and therefore subgtect to the

creditableDexpanded withholding tax (EWT) or final withholding of capital gains tax as

the case may be which shall be withheld by the assignee of such property based on the

consideration per eed of ssignment or the fair market value of such property at the

time of assignment whichever is higher and to the ST imposed under Sec 21 of the

same ampode using the same basis

It is to be clarified however that sale of interest in real property (real property

purchased on installment covered by ampontract to Sell which was sold by the original

buyer before it was fully paid) shall be taxable on the part of the original buyer (now

seller) based on the realiBed gain thereon which is measured by the difference between

the agreed consideration and the amount actually paid by the said original buyer

What yo need to no abot ale1(dded Tax (T on the sale oReal Estate

pdated on $ay amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

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lot of people have questions on taxes including Aaluedded Tax or AT +2 on the

sale of eal Estate +3 so I will try my best to explain it as simply as I can

The subgtect of taxes is quite technical so I apologiBe if my explanation may seem quite

hard to digest at times

Why should we learn about taxesJ

Why is it important to know whether the sale of a certain property is subgtect to AT and

ampreditable Withholding Tax (ampWT) or ampapital ains Tax (ampT)J To put it simply if you

pay the wrong tax for example ampT instead of AT and ampWT you may be liable for

deficiency AT and ampWT plus penalties and you would have to undergo a long and

difficult process to get a refund (ood luck in getting a refundO)

side from the very painful payment of a lot of taxes there may be a delay in the r

elease of the ampertificate uthoriBing egistration (amp) which you need in order for the

title to the property to be transferred to the name of the buyer

In addition to the above AT should be considered in the pricing of real estate sold

4ote that compared to a capital asset subgtect to C ampT an ordinary asset will be

subgtect to ampWT of as high as C plus 23C AT Thus AT may make or break atransaction or lower the profit of the seller

When is a sale of real property subgtect to ATJ

If the sellertaxpayer is a ATregistered person the sale of his ordinary asset shall be

subgtect to AT

person should register as a AT entity if his gross annual sales andDor receipts

exceed lt212196666 in a year If he is not originally registered as a AT entity but heexceeded the threshold he should submit -I orm 4o 2169 (Taxpayer egistration

Fpdate) to change to AT

When is an asset considered as ordinaryJ rdinary assets are those which are$

8152019 Capital Gain-estate Tax

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2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

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covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

8152019 Capital Gain-estate Tax

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3456

96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3656

8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

8152019 Capital Gain-estate Tax

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 3: Capital Gain-estate Tax

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(3) Animal houses pigeon4houses beehi$es ish ponds or breeding places o similar

nature in case their owner has placed them or preser$es them with the intention to

ha$e them permanently attached to the land and orming a permanent part o it the

animals in these places are included

(5) ertili6er actually used on a piece o land

(7) 2ines 8uarries and slag dumps while the matter thereo orms part o the bed and

waters either running or stagnant

(9) ocs and structures which though loating are intended by their nature and obect

to remain at a ixed place on a ri$er lae or coast

(1) Contracts or public wors and ser$itudes and other real rights o$er immo$able

property+

Thus it appears that it is not only the sale of land and buildings or houses which weshould be focusing on but also the sale of the above

s 4o 53660 is a very important rule on real estate I have included the saidregulations in this post for your reference ead it in its entirety =ou may download acopy here nswers to frequently asked questions can be found in this document

In simple terms if the property is not ordinarily held for sale (as inventory) or used inbusiness and subgtect to depreciation then the property is a capital asset 4ow if aseller is engaged in the real estate business and the property is one he holds out forsale to the public then the property may be considered as an ordinary asset

lt=ote that there may be instances when a seller is engaged in the real estate businessbut the property is not held or sale or used in business or was idle or a long time ndash thisis one o the instances when the property may be considered a capital assetgt

amponversely if a seller is not engaged in the real estate business and the property is notused in business and subgtect to depreciation the property may be considered as acapital asset the sale of which is subgtect to ampT

Section 0 of 4o 53660 provides the uidelines in etermining Whether altarticular eal ltroperty is a ampapital sset or rdinary sset

8152019 Capital Gain-estate Tax

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Tax Rate to be UsedWhen the real property which is a capital asset to the seller is sold the gross sellingprice or fair market value ( A) +Bonal value whichever is higher will be subgtect to CampT ltlease refer to the -I

website http$DDwwwbirgovphDBonalvaluesDBonalvalueshtm for the Bonal values

Technically its not really only the gain (selling price less cost) which is taxed becauseeven if the seller suffered a loss (that is the selling price is lower than the originalacquisition cost of the property) there will still be ampT because a gain is alwayspresumed

n the other hand if the seller is engaged in the real estate business and the realproperty sold is an ordinary asset the sale will be subgtect to ampIT +or minimumcorporate income tax (ampIT) when applicable if the taxpayer is a corporation andincome tax if the seller is an individual

The proceeds from the sale of the real property will be included in the sellers globalincome (meaning income from all sources 7 note that domestic corporations andresident citiBens are taxed on all sources of income whether from within or outside thecountry) and only the net income after allowable deductions such as depreciationlosses etc will be subgtected to ampIT ampIT or regular income tax whichever isapplicable

AETISEE4T

Fnder epublic ct 4o 1005 the ampIT is now 06C on net taxable income (beginningon Ganuary 2 3661 down from 09C) The regular income tax for individuals remains at03C

ltlease note that there is an exception to the application of the ampT and that is the saleof a principal residence (your own home) This deserves a separate discussion as Iintend to take advantage of this when we purchase our next residence

IR procedre ssuming that you are interested in buying a property from a seller who is an individualand who is not engaged in the real estate business the seller needs to pay ampT on thesale of his real property unless you have made an agreement that you as the buyer willshoulder this

The seller needs to file -I orm 4o 256 within thirty (06) days after each saleexchange transfer or other disposition of real property =ou can download -I orm4o 256 here

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 556

ocmentary Reirements

1 ) ne original copy and one photocopy o the =otari6ed eed o ampale or xchange

0 ) hotocopy o the -ranser Certiicate o -itle riginal Certiicate o -itle or

Condominium Certiicate o -itle

) Certiied -rue Copy o the tax declaration on the lot and or impro$ement during

nearest time o sale

) ldquoCertiicate o =o Bmpro$ement+ issued by the Assessorrsquos oice where the property

has no declared impro$ement i applicable or ampworn eclaration Aida$it o =o

Bmpro$ement by at least one (1) o the transerees

) Copy o BD Duling or tax exemption conirmed by BD i applicable

3 ) uly appro$ed -ax ebit 2emo i applicable

5 ) ldquoampworn eclaration o Bnterest+ as prescribed under De$enue Degulations 1 499 i

the transaction is tax4exempt

7 ) ocuments supporting the exemption

dditional requirements may be requested for presentation during audit of the tax casedepending upon existing audit procedures

$o to ampile the Capital Gains Tax Retrn=ou gtust have to file the ampapital ains Tax return in triplicate (two copies for the -I andone copy for the taxpayer) with the uthoriBed gent -ank (-) in the evenue

istrict where the property is located along with the documentary requirements and thetax due

In places where there are no - the return will be filed directly with the evenueampollection fficer or uthoriBed ampity or unicipal Treasurer =ou can view the evenueistrict ffices () here$ http$DDwwwbirgovphDdirectoryDrdohtm amplick on theconcerned

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 656

or example if you click on 8 7 West akati you will gettohttp$DDwwwbirgovphDdirectoryDrdoinnerhtmH8 The names of the evenue istrictfficer and ssistant evenue istrict fficer as well as their contact numbers and email addresses and the address of the evenue istrict ffice and the -s within thesaid may be found there

ample CGT comptation residential condominium in akati ampity with a floor area of 96sqm has a Selling ltrice(Slt) of 26 The existing Bonal value per square meter for that condo in akati iscurrently lthp96666Dsqm =ou have called the owner and found out that he is notengaged in the real estate business

e also told you that as part of the deal the buyer shall shoulder the ampT s the buyerhow much is the ampT which you will have to pay the seller on top of the selling priceJ

irst lets compute for the air market Aalue ( A)$

AKLonal Aalue x loor reaK96666 pesosDsqm x 96sqmK3966666 pesos

Since A is higher than Slt we shall use A to compute the ampT$

ampTKC x A

K66 x 3966666 pesosK296666 pesos

Therefore the buyer shall have to shell out an additional 296666 pesos

4ote that while technically the ampT is always the responsibility of the seller and that ifthe buyer shoulders the ampT it is in effect part of the selling price to be compared to

A for purposes of computing the C ampT I noted that the practice of banks is tocompute the ampT this way

4ow what if you called up the seller and told him that you are willing to buy the propertybut he should shoulder the capital gains tax as the seller then he counters your offerand says he is willing to shoulder the ampT up to his selling price and the buyer shallshoulder the ampT for the excess or the difference between the Slt and A how doyou compute for the ampTJ

irst lets compute for the excess or difference between the Slt and the A$

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 756

ExcessK ASltK3966666pesos 7 2666666pesosK2966666 pesos

4ow lets compute for the ampT to be shouldered by the buyer$

ampT for the buyer KC x ExcessK66 x 2966666 pesosK16666 pesos

The ampT to be shouldered by the seller is as follows$

ampTKC x SltK66 x 2666666 pesosK6666 pesos

Take note that the total ampT is 16666 pesos M 6666 pesos K 296666 pesos which isconsistent with our first computation The ampT was gtust split between the buyer and theseller

s investors we should always try to negotiate for the best terms and in relation to thisparticular example always try to have the other party shoulder the ampT

The seller will still be the one to file the ampT and he shall have to file the return in an uthoriBed gent -ank within the evenue istrict where the property is located inakati within 06 days the deed of sale was executed

Creditable Withholding Tax In Real Estate Transactions

ampreditable withholding tax (ampWT) is the tax which is withheld by the buyerDwithholding

agent from his payment to the seller for the sale of the sellers ordinary assetDservices

and which tax is creditable against the income tax payable of the seller I know this

sounds confusing so let me tell you about the withholding tax system first

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices o

read up on the rele$ant laws and regulations also

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 856

-ackground on the Withholding Tax System

We all know that the ordinary income of a personDcorporation is subgtect to regular

income tax Fnder the withholding tax system the government gives the buyer the

responsibility to withhold a certain percentage of his payment to the seller and remit thesame to the government Thus the amount remitted by the buyer to the seller is less

than the purchase price The buyer should provide the seller with -I orm 4o

3065 (ampertificate of ampreditable Taxes Withheld) which states the amount of the taxes he

withheld

The tax withheld is called the withholding tax and the buyer in this case is called a

withholding agent ltlease note that this only applies to the ordinary income of the seller

as opposed to his capital gain ltlease refer to my earlier post on the difference betweenordinary assets and capital assets

ldquoEhat is the rationale or this systemF+ you may ask

To put it simply the tax withheld by the buyer acts as the advanced payment of the

sellers taxes Since the seller will only pay income taxes on a quarterly basis and the

government spends all throughout the year it would be difficult for the government to

operate if it only gets income taxes quarterly lso since the buyer withholds only a

small percentage of the sellers gross receipts (lets say 3C) the government is alerted

that the seller realiBed income to the extent of the grossedup amount of the taxes

withheld

or example lt366666 which pertains to 3C withholding tax means that the seller sold

lt26666666 worth of assetsDservices for which he should pay income taxes When the

time comes for the payment by the seller of his income taxes and he doesnt declare

the income from which the buyer withheld taxes a discrepancy will arise and the

government will have a tip to investigate whether the seller is paying the correct taxes

Take note the -ureau of Internal evenue (-I) already has computer software in

place which determines discrepancies automatically

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 956

n the part of the buyer he must withhold taxes otherwise he will not be able to

deduct his expense or example if his expense is lt26666666 and he is required to

withhold 3C of this or lt366666 and he does not withhold and remit this amount for

income tax computation purposes he may not deduct his lt266666 expense from his

taxable income

Thus if his gross income is lt36666666 and he may not deduct the lt26666666

expense (assuming there are no other deductible expenses of course) he will pay taxes

based on a net income of lt36666666 instead of lt26666666

n the part of the seller since the taxes withheld act as his advanced payment of his

income tax when the time comes for the quarterly payment of income taxes he will

subtract the tax withheld from his income tax payable or example if his income taxpayable is lt0366666 and the tax withheld from him is lt366666 then he will only pay

lt0666666 income tax

s proof of the taxes withheld he should attach the -I orm 4o 3065 (ampertificate of

ampreditable Taxes Withheld) provided by the buyer to his income tax return

ampreditable Withholding Taxes n eal Estate Transactions

s earlier noted this only applies to the sale of real estate which are ordinary assets of

the seller Thus when the real estate sold is a capital asset to the seller his income

from the sale of real estate will be subgtect to capital gains tax and no creditable

withholding tax shall be imposed on the transaction

ltlease refer to my earlier post about ordinary assets vs capital assets rom hereon we

will assume that we are talking about the sale of ordinary real estate assets

oing now to the creditable withholding tax base the withholding agentDbuyer isrequired to withhold a creditable withholding tax based on the higher of the following$

a) gross selling priceDtotal amount of consideration or

b) the fair market value determined in accordance with Section (E) of the ampode

8152019 Capital Gain-estate Tax

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Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 3662 the percentages of taxes to be withheld are as follows$

( Fpon the following values of real property where the seller Dtransferor is habitually

engaged in the real estate business as per proof of registration with the NF- or the

Fampamp or other satisfactory evidence (for example heDit consummated during the

preceding year at least six taxable real estate transactions regardless of amount)$

a)With a selling price of Seven Hundred Fifty Thousand Pesos (P50000000) orless

15

)With a selling price of ore than Five Hundred Thousand Pesos ut not orethan To $illion Pesos (amp000amp00000)

0

c)With a selling price of ore than To $illion Pesos (amp000amp00000)50

Where the seller transferor is not haitually engaged in the real estate usiness(ut the real estate sold is an ordinary asset)

0

C

Where the seller transferor is eept fro creditale ithholding ta inaccordance ith Section 5+5 of evenue egulations -o When theseller is eept fro incoe taes 2s earlier notedamp the creditale taesithheld serve as advance payent of incoe taes So hen a seller is taeeptamp it follos that no ta should e ithheld fro his incoe3

4ept

ltlease note that the sale of foreclosed properties by banks is subgtect to creditable

withholding tax of C because banks are not considered as habitually engaged in the

real estate business and properties acquired by banks through foreclosure sales are

considered as ordinary assets pursuant to evenue egulations 4o 53660

Time and ltlace of ltayment of ampreditable Withholding Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1156

eneral ule

Section 8 of 4o 6686 dated ebruary 21 366 provides for the time and place of

payment of creditable withholding tax and ST on the sale exchange or other mode of

onerous disposition of real properties classified as ordinary assets

AETISEE4T

ampreditable withholding taxes deducted and withheld by the withholding agentDbuyer on

the sale transfer or exchange of real property classified as ordinary asset shall be paid

by the withholding agentDbuyer upon filing of the return with the uthoriBed gent -ank

(-) located within the evenue istrict ffice () having gturisdiction over the

place where the property being transferred is located within ten (26) days following the

end of the month in which the transaction occurred The creditable withholding tax

return is -I orm 26

Taxes withheld in ecember shall be filed on or before Ganuary 29 of the following year

ltlease note that this is subgtect to the rules prescribed by Electronic iling and ltayment

System (E ltS) regulations in case the taxpayer is an E ltS taxpayer Fseful tip$ =ou

can find the -s for each in the -I website Gust click on the number

concerned

Rles nder ection )+) - o Revene Reglations RR 0o )1234 as amended by RR 0o 5+1)6674 in cases here the byers areengaged or not engaged in trade or bsiness8

- -uyer is not engaged in trade or business

5 Installment ale

Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 253660 if the sale is a sale of property on the installment plan (ie payments in

the year of sale do not exceed twenty five percent (39C) of the selling price) no

withholding is required to be made on the periodic installment payments

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1256

In such a case the applicable rate of tax based on the gross selling price or fair market

value of the property at the time of the execution of the contract to sell whichever is

higher shall be withheld on the last installment or installments immediately prior to such

last installment if the last installment is not sufficient to cover the tax due to be paid to

the seller until the tax is fully paid

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installment

plan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

amp -uyer is engaged in trade or business

5 Installment ale

If the sale is a sale of property on the installment plan +ie payments in the year of sale

do not exceed twenty five percent (39C) of the selling price the tax shall be deducted

and withheld by the buyer from every installment which tax shall be based on the ratio

of actual collection of the consideration against the agreed consideration appearing in

the ampontract to Sell applied to the gross selling price or fair market value of the property

at the time of the execution of the ampontract to Sell whichever is higher

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installmentplan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1356

In any case no ampertificate uthoriBing egistration (amp)DTax amplearance ampertificate

(TampN) shall be issued to the buyer unless the withholding tax due on the sale transfer

or exchange of real property has been fully paid

or the sale of property on installment basis or deferred payment basis where the

ampontract to Sell is always executed before the execution of the eed of Sale the said

ampontract to Sell must be attached to the eed of bsolute Sale executed upon

completion of the payments and the duly notariBed original duplicate copy of both

documents must be presented to the having gturisdiction of the place where the

property is located for validation of the correctness of issuance of ampDTampN

If upon completion of the payment of the purchase price of real property classified as

ordinary asset but before the execution of the eed of Sale the buyer decides toassign his right over the property to another person for a consideration the assignment

shall be considered a separate sale of real property and therefore subgtect to the

creditableDexpanded withholding tax (EWT) or final withholding of capital gains tax as

the case may be which shall be withheld by the assignee of such property based on the

consideration per eed of ssignment or the fair market value of such property at the

time of assignment whichever is higher and to the ST imposed under Sec 21 of the

same ampode using the same basis

It is to be clarified however that sale of interest in real property (real property

purchased on installment covered by ampontract to Sell which was sold by the original

buyer before it was fully paid) shall be taxable on the part of the original buyer (now

seller) based on the realiBed gain thereon which is measured by the difference between

the agreed consideration and the amount actually paid by the said original buyer

What yo need to no abot ale1(dded Tax (T on the sale oReal Estate

pdated on $ay amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1456

lot of people have questions on taxes including Aaluedded Tax or AT +2 on the

sale of eal Estate +3 so I will try my best to explain it as simply as I can

The subgtect of taxes is quite technical so I apologiBe if my explanation may seem quite

hard to digest at times

Why should we learn about taxesJ

Why is it important to know whether the sale of a certain property is subgtect to AT and

ampreditable Withholding Tax (ampWT) or ampapital ains Tax (ampT)J To put it simply if you

pay the wrong tax for example ampT instead of AT and ampWT you may be liable for

deficiency AT and ampWT plus penalties and you would have to undergo a long and

difficult process to get a refund (ood luck in getting a refundO)

side from the very painful payment of a lot of taxes there may be a delay in the r

elease of the ampertificate uthoriBing egistration (amp) which you need in order for the

title to the property to be transferred to the name of the buyer

In addition to the above AT should be considered in the pricing of real estate sold

4ote that compared to a capital asset subgtect to C ampT an ordinary asset will be

subgtect to ampWT of as high as C plus 23C AT Thus AT may make or break atransaction or lower the profit of the seller

When is a sale of real property subgtect to ATJ

If the sellertaxpayer is a ATregistered person the sale of his ordinary asset shall be

subgtect to AT

person should register as a AT entity if his gross annual sales andDor receipts

exceed lt212196666 in a year If he is not originally registered as a AT entity but heexceeded the threshold he should submit -I orm 4o 2169 (Taxpayer egistration

Fpdate) to change to AT

When is an asset considered as ordinaryJ rdinary assets are those which are$

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1556

2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1656

deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1756

The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1856

covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1956

The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2056

I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2156

ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2556

case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

8152019 Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3456

96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3556

366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3656

8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

8152019 Capital Gain-estate Tax

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 4: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 456

Tax Rate to be UsedWhen the real property which is a capital asset to the seller is sold the gross sellingprice or fair market value ( A) +Bonal value whichever is higher will be subgtect to CampT ltlease refer to the -I

website http$DDwwwbirgovphDBonalvaluesDBonalvalueshtm for the Bonal values

Technically its not really only the gain (selling price less cost) which is taxed becauseeven if the seller suffered a loss (that is the selling price is lower than the originalacquisition cost of the property) there will still be ampT because a gain is alwayspresumed

n the other hand if the seller is engaged in the real estate business and the realproperty sold is an ordinary asset the sale will be subgtect to ampIT +or minimumcorporate income tax (ampIT) when applicable if the taxpayer is a corporation andincome tax if the seller is an individual

The proceeds from the sale of the real property will be included in the sellers globalincome (meaning income from all sources 7 note that domestic corporations andresident citiBens are taxed on all sources of income whether from within or outside thecountry) and only the net income after allowable deductions such as depreciationlosses etc will be subgtected to ampIT ampIT or regular income tax whichever isapplicable

AETISEE4T

Fnder epublic ct 4o 1005 the ampIT is now 06C on net taxable income (beginningon Ganuary 2 3661 down from 09C) The regular income tax for individuals remains at03C

ltlease note that there is an exception to the application of the ampT and that is the saleof a principal residence (your own home) This deserves a separate discussion as Iintend to take advantage of this when we purchase our next residence

IR procedre ssuming that you are interested in buying a property from a seller who is an individualand who is not engaged in the real estate business the seller needs to pay ampT on thesale of his real property unless you have made an agreement that you as the buyer willshoulder this

The seller needs to file -I orm 4o 256 within thirty (06) days after each saleexchange transfer or other disposition of real property =ou can download -I orm4o 256 here

8152019 Capital Gain-estate Tax

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ocmentary Reirements

1 ) ne original copy and one photocopy o the =otari6ed eed o ampale or xchange

0 ) hotocopy o the -ranser Certiicate o -itle riginal Certiicate o -itle or

Condominium Certiicate o -itle

) Certiied -rue Copy o the tax declaration on the lot and or impro$ement during

nearest time o sale

) ldquoCertiicate o =o Bmpro$ement+ issued by the Assessorrsquos oice where the property

has no declared impro$ement i applicable or ampworn eclaration Aida$it o =o

Bmpro$ement by at least one (1) o the transerees

) Copy o BD Duling or tax exemption conirmed by BD i applicable

3 ) uly appro$ed -ax ebit 2emo i applicable

5 ) ldquoampworn eclaration o Bnterest+ as prescribed under De$enue Degulations 1 499 i

the transaction is tax4exempt

7 ) ocuments supporting the exemption

dditional requirements may be requested for presentation during audit of the tax casedepending upon existing audit procedures

$o to ampile the Capital Gains Tax Retrn=ou gtust have to file the ampapital ains Tax return in triplicate (two copies for the -I andone copy for the taxpayer) with the uthoriBed gent -ank (-) in the evenue

istrict where the property is located along with the documentary requirements and thetax due

In places where there are no - the return will be filed directly with the evenueampollection fficer or uthoriBed ampity or unicipal Treasurer =ou can view the evenueistrict ffices () here$ http$DDwwwbirgovphDdirectoryDrdohtm amplick on theconcerned

8152019 Capital Gain-estate Tax

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or example if you click on 8 7 West akati you will gettohttp$DDwwwbirgovphDdirectoryDrdoinnerhtmH8 The names of the evenue istrictfficer and ssistant evenue istrict fficer as well as their contact numbers and email addresses and the address of the evenue istrict ffice and the -s within thesaid may be found there

ample CGT comptation residential condominium in akati ampity with a floor area of 96sqm has a Selling ltrice(Slt) of 26 The existing Bonal value per square meter for that condo in akati iscurrently lthp96666Dsqm =ou have called the owner and found out that he is notengaged in the real estate business

e also told you that as part of the deal the buyer shall shoulder the ampT s the buyerhow much is the ampT which you will have to pay the seller on top of the selling priceJ

irst lets compute for the air market Aalue ( A)$

AKLonal Aalue x loor reaK96666 pesosDsqm x 96sqmK3966666 pesos

Since A is higher than Slt we shall use A to compute the ampT$

ampTKC x A

K66 x 3966666 pesosK296666 pesos

Therefore the buyer shall have to shell out an additional 296666 pesos

4ote that while technically the ampT is always the responsibility of the seller and that ifthe buyer shoulders the ampT it is in effect part of the selling price to be compared to

A for purposes of computing the C ampT I noted that the practice of banks is tocompute the ampT this way

4ow what if you called up the seller and told him that you are willing to buy the propertybut he should shoulder the capital gains tax as the seller then he counters your offerand says he is willing to shoulder the ampT up to his selling price and the buyer shallshoulder the ampT for the excess or the difference between the Slt and A how doyou compute for the ampTJ

irst lets compute for the excess or difference between the Slt and the A$

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 756

ExcessK ASltK3966666pesos 7 2666666pesosK2966666 pesos

4ow lets compute for the ampT to be shouldered by the buyer$

ampT for the buyer KC x ExcessK66 x 2966666 pesosK16666 pesos

The ampT to be shouldered by the seller is as follows$

ampTKC x SltK66 x 2666666 pesosK6666 pesos

Take note that the total ampT is 16666 pesos M 6666 pesos K 296666 pesos which isconsistent with our first computation The ampT was gtust split between the buyer and theseller

s investors we should always try to negotiate for the best terms and in relation to thisparticular example always try to have the other party shoulder the ampT

The seller will still be the one to file the ampT and he shall have to file the return in an uthoriBed gent -ank within the evenue istrict where the property is located inakati within 06 days the deed of sale was executed

Creditable Withholding Tax In Real Estate Transactions

ampreditable withholding tax (ampWT) is the tax which is withheld by the buyerDwithholding

agent from his payment to the seller for the sale of the sellers ordinary assetDservices

and which tax is creditable against the income tax payable of the seller I know this

sounds confusing so let me tell you about the withholding tax system first

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices o

read up on the rele$ant laws and regulations also

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 856

-ackground on the Withholding Tax System

We all know that the ordinary income of a personDcorporation is subgtect to regular

income tax Fnder the withholding tax system the government gives the buyer the

responsibility to withhold a certain percentage of his payment to the seller and remit thesame to the government Thus the amount remitted by the buyer to the seller is less

than the purchase price The buyer should provide the seller with -I orm 4o

3065 (ampertificate of ampreditable Taxes Withheld) which states the amount of the taxes he

withheld

The tax withheld is called the withholding tax and the buyer in this case is called a

withholding agent ltlease note that this only applies to the ordinary income of the seller

as opposed to his capital gain ltlease refer to my earlier post on the difference betweenordinary assets and capital assets

ldquoEhat is the rationale or this systemF+ you may ask

To put it simply the tax withheld by the buyer acts as the advanced payment of the

sellers taxes Since the seller will only pay income taxes on a quarterly basis and the

government spends all throughout the year it would be difficult for the government to

operate if it only gets income taxes quarterly lso since the buyer withholds only a

small percentage of the sellers gross receipts (lets say 3C) the government is alerted

that the seller realiBed income to the extent of the grossedup amount of the taxes

withheld

or example lt366666 which pertains to 3C withholding tax means that the seller sold

lt26666666 worth of assetsDservices for which he should pay income taxes When the

time comes for the payment by the seller of his income taxes and he doesnt declare

the income from which the buyer withheld taxes a discrepancy will arise and the

government will have a tip to investigate whether the seller is paying the correct taxes

Take note the -ureau of Internal evenue (-I) already has computer software in

place which determines discrepancies automatically

8152019 Capital Gain-estate Tax

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n the part of the buyer he must withhold taxes otherwise he will not be able to

deduct his expense or example if his expense is lt26666666 and he is required to

withhold 3C of this or lt366666 and he does not withhold and remit this amount for

income tax computation purposes he may not deduct his lt266666 expense from his

taxable income

Thus if his gross income is lt36666666 and he may not deduct the lt26666666

expense (assuming there are no other deductible expenses of course) he will pay taxes

based on a net income of lt36666666 instead of lt26666666

n the part of the seller since the taxes withheld act as his advanced payment of his

income tax when the time comes for the quarterly payment of income taxes he will

subtract the tax withheld from his income tax payable or example if his income taxpayable is lt0366666 and the tax withheld from him is lt366666 then he will only pay

lt0666666 income tax

s proof of the taxes withheld he should attach the -I orm 4o 3065 (ampertificate of

ampreditable Taxes Withheld) provided by the buyer to his income tax return

ampreditable Withholding Taxes n eal Estate Transactions

s earlier noted this only applies to the sale of real estate which are ordinary assets of

the seller Thus when the real estate sold is a capital asset to the seller his income

from the sale of real estate will be subgtect to capital gains tax and no creditable

withholding tax shall be imposed on the transaction

ltlease refer to my earlier post about ordinary assets vs capital assets rom hereon we

will assume that we are talking about the sale of ordinary real estate assets

oing now to the creditable withholding tax base the withholding agentDbuyer isrequired to withhold a creditable withholding tax based on the higher of the following$

a) gross selling priceDtotal amount of consideration or

b) the fair market value determined in accordance with Section (E) of the ampode

8152019 Capital Gain-estate Tax

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Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 3662 the percentages of taxes to be withheld are as follows$

( Fpon the following values of real property where the seller Dtransferor is habitually

engaged in the real estate business as per proof of registration with the NF- or the

Fampamp or other satisfactory evidence (for example heDit consummated during the

preceding year at least six taxable real estate transactions regardless of amount)$

a)With a selling price of Seven Hundred Fifty Thousand Pesos (P50000000) orless

15

)With a selling price of ore than Five Hundred Thousand Pesos ut not orethan To $illion Pesos (amp000amp00000)

0

c)With a selling price of ore than To $illion Pesos (amp000amp00000)50

Where the seller transferor is not haitually engaged in the real estate usiness(ut the real estate sold is an ordinary asset)

0

C

Where the seller transferor is eept fro creditale ithholding ta inaccordance ith Section 5+5 of evenue egulations -o When theseller is eept fro incoe taes 2s earlier notedamp the creditale taesithheld serve as advance payent of incoe taes So hen a seller is taeeptamp it follos that no ta should e ithheld fro his incoe3

4ept

ltlease note that the sale of foreclosed properties by banks is subgtect to creditable

withholding tax of C because banks are not considered as habitually engaged in the

real estate business and properties acquired by banks through foreclosure sales are

considered as ordinary assets pursuant to evenue egulations 4o 53660

Time and ltlace of ltayment of ampreditable Withholding Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1156

eneral ule

Section 8 of 4o 6686 dated ebruary 21 366 provides for the time and place of

payment of creditable withholding tax and ST on the sale exchange or other mode of

onerous disposition of real properties classified as ordinary assets

AETISEE4T

ampreditable withholding taxes deducted and withheld by the withholding agentDbuyer on

the sale transfer or exchange of real property classified as ordinary asset shall be paid

by the withholding agentDbuyer upon filing of the return with the uthoriBed gent -ank

(-) located within the evenue istrict ffice () having gturisdiction over the

place where the property being transferred is located within ten (26) days following the

end of the month in which the transaction occurred The creditable withholding tax

return is -I orm 26

Taxes withheld in ecember shall be filed on or before Ganuary 29 of the following year

ltlease note that this is subgtect to the rules prescribed by Electronic iling and ltayment

System (E ltS) regulations in case the taxpayer is an E ltS taxpayer Fseful tip$ =ou

can find the -s for each in the -I website Gust click on the number

concerned

Rles nder ection )+) - o Revene Reglations RR 0o )1234 as amended by RR 0o 5+1)6674 in cases here the byers areengaged or not engaged in trade or bsiness8

- -uyer is not engaged in trade or business

5 Installment ale

Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 253660 if the sale is a sale of property on the installment plan (ie payments in

the year of sale do not exceed twenty five percent (39C) of the selling price) no

withholding is required to be made on the periodic installment payments

8152019 Capital Gain-estate Tax

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In such a case the applicable rate of tax based on the gross selling price or fair market

value of the property at the time of the execution of the contract to sell whichever is

higher shall be withheld on the last installment or installments immediately prior to such

last installment if the last installment is not sufficient to cover the tax due to be paid to

the seller until the tax is fully paid

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installment

plan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

amp -uyer is engaged in trade or business

5 Installment ale

If the sale is a sale of property on the installment plan +ie payments in the year of sale

do not exceed twenty five percent (39C) of the selling price the tax shall be deducted

and withheld by the buyer from every installment which tax shall be based on the ratio

of actual collection of the consideration against the agreed consideration appearing in

the ampontract to Sell applied to the gross selling price or fair market value of the property

at the time of the execution of the ampontract to Sell whichever is higher

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installmentplan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

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In any case no ampertificate uthoriBing egistration (amp)DTax amplearance ampertificate

(TampN) shall be issued to the buyer unless the withholding tax due on the sale transfer

or exchange of real property has been fully paid

or the sale of property on installment basis or deferred payment basis where the

ampontract to Sell is always executed before the execution of the eed of Sale the said

ampontract to Sell must be attached to the eed of bsolute Sale executed upon

completion of the payments and the duly notariBed original duplicate copy of both

documents must be presented to the having gturisdiction of the place where the

property is located for validation of the correctness of issuance of ampDTampN

If upon completion of the payment of the purchase price of real property classified as

ordinary asset but before the execution of the eed of Sale the buyer decides toassign his right over the property to another person for a consideration the assignment

shall be considered a separate sale of real property and therefore subgtect to the

creditableDexpanded withholding tax (EWT) or final withholding of capital gains tax as

the case may be which shall be withheld by the assignee of such property based on the

consideration per eed of ssignment or the fair market value of such property at the

time of assignment whichever is higher and to the ST imposed under Sec 21 of the

same ampode using the same basis

It is to be clarified however that sale of interest in real property (real property

purchased on installment covered by ampontract to Sell which was sold by the original

buyer before it was fully paid) shall be taxable on the part of the original buyer (now

seller) based on the realiBed gain thereon which is measured by the difference between

the agreed consideration and the amount actually paid by the said original buyer

What yo need to no abot ale1(dded Tax (T on the sale oReal Estate

pdated on $ay amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

8152019 Capital Gain-estate Tax

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lot of people have questions on taxes including Aaluedded Tax or AT +2 on the

sale of eal Estate +3 so I will try my best to explain it as simply as I can

The subgtect of taxes is quite technical so I apologiBe if my explanation may seem quite

hard to digest at times

Why should we learn about taxesJ

Why is it important to know whether the sale of a certain property is subgtect to AT and

ampreditable Withholding Tax (ampWT) or ampapital ains Tax (ampT)J To put it simply if you

pay the wrong tax for example ampT instead of AT and ampWT you may be liable for

deficiency AT and ampWT plus penalties and you would have to undergo a long and

difficult process to get a refund (ood luck in getting a refundO)

side from the very painful payment of a lot of taxes there may be a delay in the r

elease of the ampertificate uthoriBing egistration (amp) which you need in order for the

title to the property to be transferred to the name of the buyer

In addition to the above AT should be considered in the pricing of real estate sold

4ote that compared to a capital asset subgtect to C ampT an ordinary asset will be

subgtect to ampWT of as high as C plus 23C AT Thus AT may make or break atransaction or lower the profit of the seller

When is a sale of real property subgtect to ATJ

If the sellertaxpayer is a ATregistered person the sale of his ordinary asset shall be

subgtect to AT

person should register as a AT entity if his gross annual sales andDor receipts

exceed lt212196666 in a year If he is not originally registered as a AT entity but heexceeded the threshold he should submit -I orm 4o 2169 (Taxpayer egistration

Fpdate) to change to AT

When is an asset considered as ordinaryJ rdinary assets are those which are$

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1556

2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

8152019 Capital Gain-estate Tax

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

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httpslidepdfcomreaderfullcapital-gain-estate-tax 1856

covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1956

The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2056

I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

8152019 Capital Gain-estate Tax

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

8152019 Capital Gain-estate Tax

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

8152019 Capital Gain-estate Tax

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2556

case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

8152019 Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4656

Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

8152019 Capital Gain-estate Tax

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 5: Capital Gain-estate Tax

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ocmentary Reirements

1 ) ne original copy and one photocopy o the =otari6ed eed o ampale or xchange

0 ) hotocopy o the -ranser Certiicate o -itle riginal Certiicate o -itle or

Condominium Certiicate o -itle

) Certiied -rue Copy o the tax declaration on the lot and or impro$ement during

nearest time o sale

) ldquoCertiicate o =o Bmpro$ement+ issued by the Assessorrsquos oice where the property

has no declared impro$ement i applicable or ampworn eclaration Aida$it o =o

Bmpro$ement by at least one (1) o the transerees

) Copy o BD Duling or tax exemption conirmed by BD i applicable

3 ) uly appro$ed -ax ebit 2emo i applicable

5 ) ldquoampworn eclaration o Bnterest+ as prescribed under De$enue Degulations 1 499 i

the transaction is tax4exempt

7 ) ocuments supporting the exemption

dditional requirements may be requested for presentation during audit of the tax casedepending upon existing audit procedures

$o to ampile the Capital Gains Tax Retrn=ou gtust have to file the ampapital ains Tax return in triplicate (two copies for the -I andone copy for the taxpayer) with the uthoriBed gent -ank (-) in the evenue

istrict where the property is located along with the documentary requirements and thetax due

In places where there are no - the return will be filed directly with the evenueampollection fficer or uthoriBed ampity or unicipal Treasurer =ou can view the evenueistrict ffices () here$ http$DDwwwbirgovphDdirectoryDrdohtm amplick on theconcerned

8152019 Capital Gain-estate Tax

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or example if you click on 8 7 West akati you will gettohttp$DDwwwbirgovphDdirectoryDrdoinnerhtmH8 The names of the evenue istrictfficer and ssistant evenue istrict fficer as well as their contact numbers and email addresses and the address of the evenue istrict ffice and the -s within thesaid may be found there

ample CGT comptation residential condominium in akati ampity with a floor area of 96sqm has a Selling ltrice(Slt) of 26 The existing Bonal value per square meter for that condo in akati iscurrently lthp96666Dsqm =ou have called the owner and found out that he is notengaged in the real estate business

e also told you that as part of the deal the buyer shall shoulder the ampT s the buyerhow much is the ampT which you will have to pay the seller on top of the selling priceJ

irst lets compute for the air market Aalue ( A)$

AKLonal Aalue x loor reaK96666 pesosDsqm x 96sqmK3966666 pesos

Since A is higher than Slt we shall use A to compute the ampT$

ampTKC x A

K66 x 3966666 pesosK296666 pesos

Therefore the buyer shall have to shell out an additional 296666 pesos

4ote that while technically the ampT is always the responsibility of the seller and that ifthe buyer shoulders the ampT it is in effect part of the selling price to be compared to

A for purposes of computing the C ampT I noted that the practice of banks is tocompute the ampT this way

4ow what if you called up the seller and told him that you are willing to buy the propertybut he should shoulder the capital gains tax as the seller then he counters your offerand says he is willing to shoulder the ampT up to his selling price and the buyer shallshoulder the ampT for the excess or the difference between the Slt and A how doyou compute for the ampTJ

irst lets compute for the excess or difference between the Slt and the A$

8152019 Capital Gain-estate Tax

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ExcessK ASltK3966666pesos 7 2666666pesosK2966666 pesos

4ow lets compute for the ampT to be shouldered by the buyer$

ampT for the buyer KC x ExcessK66 x 2966666 pesosK16666 pesos

The ampT to be shouldered by the seller is as follows$

ampTKC x SltK66 x 2666666 pesosK6666 pesos

Take note that the total ampT is 16666 pesos M 6666 pesos K 296666 pesos which isconsistent with our first computation The ampT was gtust split between the buyer and theseller

s investors we should always try to negotiate for the best terms and in relation to thisparticular example always try to have the other party shoulder the ampT

The seller will still be the one to file the ampT and he shall have to file the return in an uthoriBed gent -ank within the evenue istrict where the property is located inakati within 06 days the deed of sale was executed

Creditable Withholding Tax In Real Estate Transactions

ampreditable withholding tax (ampWT) is the tax which is withheld by the buyerDwithholding

agent from his payment to the seller for the sale of the sellers ordinary assetDservices

and which tax is creditable against the income tax payable of the seller I know this

sounds confusing so let me tell you about the withholding tax system first

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices o

read up on the rele$ant laws and regulations also

8152019 Capital Gain-estate Tax

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-ackground on the Withholding Tax System

We all know that the ordinary income of a personDcorporation is subgtect to regular

income tax Fnder the withholding tax system the government gives the buyer the

responsibility to withhold a certain percentage of his payment to the seller and remit thesame to the government Thus the amount remitted by the buyer to the seller is less

than the purchase price The buyer should provide the seller with -I orm 4o

3065 (ampertificate of ampreditable Taxes Withheld) which states the amount of the taxes he

withheld

The tax withheld is called the withholding tax and the buyer in this case is called a

withholding agent ltlease note that this only applies to the ordinary income of the seller

as opposed to his capital gain ltlease refer to my earlier post on the difference betweenordinary assets and capital assets

ldquoEhat is the rationale or this systemF+ you may ask

To put it simply the tax withheld by the buyer acts as the advanced payment of the

sellers taxes Since the seller will only pay income taxes on a quarterly basis and the

government spends all throughout the year it would be difficult for the government to

operate if it only gets income taxes quarterly lso since the buyer withholds only a

small percentage of the sellers gross receipts (lets say 3C) the government is alerted

that the seller realiBed income to the extent of the grossedup amount of the taxes

withheld

or example lt366666 which pertains to 3C withholding tax means that the seller sold

lt26666666 worth of assetsDservices for which he should pay income taxes When the

time comes for the payment by the seller of his income taxes and he doesnt declare

the income from which the buyer withheld taxes a discrepancy will arise and the

government will have a tip to investigate whether the seller is paying the correct taxes

Take note the -ureau of Internal evenue (-I) already has computer software in

place which determines discrepancies automatically

8152019 Capital Gain-estate Tax

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n the part of the buyer he must withhold taxes otherwise he will not be able to

deduct his expense or example if his expense is lt26666666 and he is required to

withhold 3C of this or lt366666 and he does not withhold and remit this amount for

income tax computation purposes he may not deduct his lt266666 expense from his

taxable income

Thus if his gross income is lt36666666 and he may not deduct the lt26666666

expense (assuming there are no other deductible expenses of course) he will pay taxes

based on a net income of lt36666666 instead of lt26666666

n the part of the seller since the taxes withheld act as his advanced payment of his

income tax when the time comes for the quarterly payment of income taxes he will

subtract the tax withheld from his income tax payable or example if his income taxpayable is lt0366666 and the tax withheld from him is lt366666 then he will only pay

lt0666666 income tax

s proof of the taxes withheld he should attach the -I orm 4o 3065 (ampertificate of

ampreditable Taxes Withheld) provided by the buyer to his income tax return

ampreditable Withholding Taxes n eal Estate Transactions

s earlier noted this only applies to the sale of real estate which are ordinary assets of

the seller Thus when the real estate sold is a capital asset to the seller his income

from the sale of real estate will be subgtect to capital gains tax and no creditable

withholding tax shall be imposed on the transaction

ltlease refer to my earlier post about ordinary assets vs capital assets rom hereon we

will assume that we are talking about the sale of ordinary real estate assets

oing now to the creditable withholding tax base the withholding agentDbuyer isrequired to withhold a creditable withholding tax based on the higher of the following$

a) gross selling priceDtotal amount of consideration or

b) the fair market value determined in accordance with Section (E) of the ampode

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Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 3662 the percentages of taxes to be withheld are as follows$

( Fpon the following values of real property where the seller Dtransferor is habitually

engaged in the real estate business as per proof of registration with the NF- or the

Fampamp or other satisfactory evidence (for example heDit consummated during the

preceding year at least six taxable real estate transactions regardless of amount)$

a)With a selling price of Seven Hundred Fifty Thousand Pesos (P50000000) orless

15

)With a selling price of ore than Five Hundred Thousand Pesos ut not orethan To $illion Pesos (amp000amp00000)

0

c)With a selling price of ore than To $illion Pesos (amp000amp00000)50

Where the seller transferor is not haitually engaged in the real estate usiness(ut the real estate sold is an ordinary asset)

0

C

Where the seller transferor is eept fro creditale ithholding ta inaccordance ith Section 5+5 of evenue egulations -o When theseller is eept fro incoe taes 2s earlier notedamp the creditale taesithheld serve as advance payent of incoe taes So hen a seller is taeeptamp it follos that no ta should e ithheld fro his incoe3

4ept

ltlease note that the sale of foreclosed properties by banks is subgtect to creditable

withholding tax of C because banks are not considered as habitually engaged in the

real estate business and properties acquired by banks through foreclosure sales are

considered as ordinary assets pursuant to evenue egulations 4o 53660

Time and ltlace of ltayment of ampreditable Withholding Tax

8152019 Capital Gain-estate Tax

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eneral ule

Section 8 of 4o 6686 dated ebruary 21 366 provides for the time and place of

payment of creditable withholding tax and ST on the sale exchange or other mode of

onerous disposition of real properties classified as ordinary assets

AETISEE4T

ampreditable withholding taxes deducted and withheld by the withholding agentDbuyer on

the sale transfer or exchange of real property classified as ordinary asset shall be paid

by the withholding agentDbuyer upon filing of the return with the uthoriBed gent -ank

(-) located within the evenue istrict ffice () having gturisdiction over the

place where the property being transferred is located within ten (26) days following the

end of the month in which the transaction occurred The creditable withholding tax

return is -I orm 26

Taxes withheld in ecember shall be filed on or before Ganuary 29 of the following year

ltlease note that this is subgtect to the rules prescribed by Electronic iling and ltayment

System (E ltS) regulations in case the taxpayer is an E ltS taxpayer Fseful tip$ =ou

can find the -s for each in the -I website Gust click on the number

concerned

Rles nder ection )+) - o Revene Reglations RR 0o )1234 as amended by RR 0o 5+1)6674 in cases here the byers areengaged or not engaged in trade or bsiness8

- -uyer is not engaged in trade or business

5 Installment ale

Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 253660 if the sale is a sale of property on the installment plan (ie payments in

the year of sale do not exceed twenty five percent (39C) of the selling price) no

withholding is required to be made on the periodic installment payments

8152019 Capital Gain-estate Tax

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In such a case the applicable rate of tax based on the gross selling price or fair market

value of the property at the time of the execution of the contract to sell whichever is

higher shall be withheld on the last installment or installments immediately prior to such

last installment if the last installment is not sufficient to cover the tax due to be paid to

the seller until the tax is fully paid

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installment

plan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

amp -uyer is engaged in trade or business

5 Installment ale

If the sale is a sale of property on the installment plan +ie payments in the year of sale

do not exceed twenty five percent (39C) of the selling price the tax shall be deducted

and withheld by the buyer from every installment which tax shall be based on the ratio

of actual collection of the consideration against the agreed consideration appearing in

the ampontract to Sell applied to the gross selling price or fair market value of the property

at the time of the execution of the ampontract to Sell whichever is higher

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installmentplan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

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In any case no ampertificate uthoriBing egistration (amp)DTax amplearance ampertificate

(TampN) shall be issued to the buyer unless the withholding tax due on the sale transfer

or exchange of real property has been fully paid

or the sale of property on installment basis or deferred payment basis where the

ampontract to Sell is always executed before the execution of the eed of Sale the said

ampontract to Sell must be attached to the eed of bsolute Sale executed upon

completion of the payments and the duly notariBed original duplicate copy of both

documents must be presented to the having gturisdiction of the place where the

property is located for validation of the correctness of issuance of ampDTampN

If upon completion of the payment of the purchase price of real property classified as

ordinary asset but before the execution of the eed of Sale the buyer decides toassign his right over the property to another person for a consideration the assignment

shall be considered a separate sale of real property and therefore subgtect to the

creditableDexpanded withholding tax (EWT) or final withholding of capital gains tax as

the case may be which shall be withheld by the assignee of such property based on the

consideration per eed of ssignment or the fair market value of such property at the

time of assignment whichever is higher and to the ST imposed under Sec 21 of the

same ampode using the same basis

It is to be clarified however that sale of interest in real property (real property

purchased on installment covered by ampontract to Sell which was sold by the original

buyer before it was fully paid) shall be taxable on the part of the original buyer (now

seller) based on the realiBed gain thereon which is measured by the difference between

the agreed consideration and the amount actually paid by the said original buyer

What yo need to no abot ale1(dded Tax (T on the sale oReal Estate

pdated on $ay amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

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lot of people have questions on taxes including Aaluedded Tax or AT +2 on the

sale of eal Estate +3 so I will try my best to explain it as simply as I can

The subgtect of taxes is quite technical so I apologiBe if my explanation may seem quite

hard to digest at times

Why should we learn about taxesJ

Why is it important to know whether the sale of a certain property is subgtect to AT and

ampreditable Withholding Tax (ampWT) or ampapital ains Tax (ampT)J To put it simply if you

pay the wrong tax for example ampT instead of AT and ampWT you may be liable for

deficiency AT and ampWT plus penalties and you would have to undergo a long and

difficult process to get a refund (ood luck in getting a refundO)

side from the very painful payment of a lot of taxes there may be a delay in the r

elease of the ampertificate uthoriBing egistration (amp) which you need in order for the

title to the property to be transferred to the name of the buyer

In addition to the above AT should be considered in the pricing of real estate sold

4ote that compared to a capital asset subgtect to C ampT an ordinary asset will be

subgtect to ampWT of as high as C plus 23C AT Thus AT may make or break atransaction or lower the profit of the seller

When is a sale of real property subgtect to ATJ

If the sellertaxpayer is a ATregistered person the sale of his ordinary asset shall be

subgtect to AT

person should register as a AT entity if his gross annual sales andDor receipts

exceed lt212196666 in a year If he is not originally registered as a AT entity but heexceeded the threshold he should submit -I orm 4o 2169 (Taxpayer egistration

Fpdate) to change to AT

When is an asset considered as ordinaryJ rdinary assets are those which are$

8152019 Capital Gain-estate Tax

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2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

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covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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httpslidepdfcomreaderfullcapital-gain-estate-tax 2756

In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2856

espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2956

ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 6: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 656

or example if you click on 8 7 West akati you will gettohttp$DDwwwbirgovphDdirectoryDrdoinnerhtmH8 The names of the evenue istrictfficer and ssistant evenue istrict fficer as well as their contact numbers and email addresses and the address of the evenue istrict ffice and the -s within thesaid may be found there

ample CGT comptation residential condominium in akati ampity with a floor area of 96sqm has a Selling ltrice(Slt) of 26 The existing Bonal value per square meter for that condo in akati iscurrently lthp96666Dsqm =ou have called the owner and found out that he is notengaged in the real estate business

e also told you that as part of the deal the buyer shall shoulder the ampT s the buyerhow much is the ampT which you will have to pay the seller on top of the selling priceJ

irst lets compute for the air market Aalue ( A)$

AKLonal Aalue x loor reaK96666 pesosDsqm x 96sqmK3966666 pesos

Since A is higher than Slt we shall use A to compute the ampT$

ampTKC x A

K66 x 3966666 pesosK296666 pesos

Therefore the buyer shall have to shell out an additional 296666 pesos

4ote that while technically the ampT is always the responsibility of the seller and that ifthe buyer shoulders the ampT it is in effect part of the selling price to be compared to

A for purposes of computing the C ampT I noted that the practice of banks is tocompute the ampT this way

4ow what if you called up the seller and told him that you are willing to buy the propertybut he should shoulder the capital gains tax as the seller then he counters your offerand says he is willing to shoulder the ampT up to his selling price and the buyer shallshoulder the ampT for the excess or the difference between the Slt and A how doyou compute for the ampTJ

irst lets compute for the excess or difference between the Slt and the A$

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httpslidepdfcomreaderfullcapital-gain-estate-tax 756

ExcessK ASltK3966666pesos 7 2666666pesosK2966666 pesos

4ow lets compute for the ampT to be shouldered by the buyer$

ampT for the buyer KC x ExcessK66 x 2966666 pesosK16666 pesos

The ampT to be shouldered by the seller is as follows$

ampTKC x SltK66 x 2666666 pesosK6666 pesos

Take note that the total ampT is 16666 pesos M 6666 pesos K 296666 pesos which isconsistent with our first computation The ampT was gtust split between the buyer and theseller

s investors we should always try to negotiate for the best terms and in relation to thisparticular example always try to have the other party shoulder the ampT

The seller will still be the one to file the ampT and he shall have to file the return in an uthoriBed gent -ank within the evenue istrict where the property is located inakati within 06 days the deed of sale was executed

Creditable Withholding Tax In Real Estate Transactions

ampreditable withholding tax (ampWT) is the tax which is withheld by the buyerDwithholding

agent from his payment to the seller for the sale of the sellers ordinary assetDservices

and which tax is creditable against the income tax payable of the seller I know this

sounds confusing so let me tell you about the withholding tax system first

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices o

read up on the rele$ant laws and regulations also

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-ackground on the Withholding Tax System

We all know that the ordinary income of a personDcorporation is subgtect to regular

income tax Fnder the withholding tax system the government gives the buyer the

responsibility to withhold a certain percentage of his payment to the seller and remit thesame to the government Thus the amount remitted by the buyer to the seller is less

than the purchase price The buyer should provide the seller with -I orm 4o

3065 (ampertificate of ampreditable Taxes Withheld) which states the amount of the taxes he

withheld

The tax withheld is called the withholding tax and the buyer in this case is called a

withholding agent ltlease note that this only applies to the ordinary income of the seller

as opposed to his capital gain ltlease refer to my earlier post on the difference betweenordinary assets and capital assets

ldquoEhat is the rationale or this systemF+ you may ask

To put it simply the tax withheld by the buyer acts as the advanced payment of the

sellers taxes Since the seller will only pay income taxes on a quarterly basis and the

government spends all throughout the year it would be difficult for the government to

operate if it only gets income taxes quarterly lso since the buyer withholds only a

small percentage of the sellers gross receipts (lets say 3C) the government is alerted

that the seller realiBed income to the extent of the grossedup amount of the taxes

withheld

or example lt366666 which pertains to 3C withholding tax means that the seller sold

lt26666666 worth of assetsDservices for which he should pay income taxes When the

time comes for the payment by the seller of his income taxes and he doesnt declare

the income from which the buyer withheld taxes a discrepancy will arise and the

government will have a tip to investigate whether the seller is paying the correct taxes

Take note the -ureau of Internal evenue (-I) already has computer software in

place which determines discrepancies automatically

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n the part of the buyer he must withhold taxes otherwise he will not be able to

deduct his expense or example if his expense is lt26666666 and he is required to

withhold 3C of this or lt366666 and he does not withhold and remit this amount for

income tax computation purposes he may not deduct his lt266666 expense from his

taxable income

Thus if his gross income is lt36666666 and he may not deduct the lt26666666

expense (assuming there are no other deductible expenses of course) he will pay taxes

based on a net income of lt36666666 instead of lt26666666

n the part of the seller since the taxes withheld act as his advanced payment of his

income tax when the time comes for the quarterly payment of income taxes he will

subtract the tax withheld from his income tax payable or example if his income taxpayable is lt0366666 and the tax withheld from him is lt366666 then he will only pay

lt0666666 income tax

s proof of the taxes withheld he should attach the -I orm 4o 3065 (ampertificate of

ampreditable Taxes Withheld) provided by the buyer to his income tax return

ampreditable Withholding Taxes n eal Estate Transactions

s earlier noted this only applies to the sale of real estate which are ordinary assets of

the seller Thus when the real estate sold is a capital asset to the seller his income

from the sale of real estate will be subgtect to capital gains tax and no creditable

withholding tax shall be imposed on the transaction

ltlease refer to my earlier post about ordinary assets vs capital assets rom hereon we

will assume that we are talking about the sale of ordinary real estate assets

oing now to the creditable withholding tax base the withholding agentDbuyer isrequired to withhold a creditable withholding tax based on the higher of the following$

a) gross selling priceDtotal amount of consideration or

b) the fair market value determined in accordance with Section (E) of the ampode

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Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 3662 the percentages of taxes to be withheld are as follows$

( Fpon the following values of real property where the seller Dtransferor is habitually

engaged in the real estate business as per proof of registration with the NF- or the

Fampamp or other satisfactory evidence (for example heDit consummated during the

preceding year at least six taxable real estate transactions regardless of amount)$

a)With a selling price of Seven Hundred Fifty Thousand Pesos (P50000000) orless

15

)With a selling price of ore than Five Hundred Thousand Pesos ut not orethan To $illion Pesos (amp000amp00000)

0

c)With a selling price of ore than To $illion Pesos (amp000amp00000)50

Where the seller transferor is not haitually engaged in the real estate usiness(ut the real estate sold is an ordinary asset)

0

C

Where the seller transferor is eept fro creditale ithholding ta inaccordance ith Section 5+5 of evenue egulations -o When theseller is eept fro incoe taes 2s earlier notedamp the creditale taesithheld serve as advance payent of incoe taes So hen a seller is taeeptamp it follos that no ta should e ithheld fro his incoe3

4ept

ltlease note that the sale of foreclosed properties by banks is subgtect to creditable

withholding tax of C because banks are not considered as habitually engaged in the

real estate business and properties acquired by banks through foreclosure sales are

considered as ordinary assets pursuant to evenue egulations 4o 53660

Time and ltlace of ltayment of ampreditable Withholding Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1156

eneral ule

Section 8 of 4o 6686 dated ebruary 21 366 provides for the time and place of

payment of creditable withholding tax and ST on the sale exchange or other mode of

onerous disposition of real properties classified as ordinary assets

AETISEE4T

ampreditable withholding taxes deducted and withheld by the withholding agentDbuyer on

the sale transfer or exchange of real property classified as ordinary asset shall be paid

by the withholding agentDbuyer upon filing of the return with the uthoriBed gent -ank

(-) located within the evenue istrict ffice () having gturisdiction over the

place where the property being transferred is located within ten (26) days following the

end of the month in which the transaction occurred The creditable withholding tax

return is -I orm 26

Taxes withheld in ecember shall be filed on or before Ganuary 29 of the following year

ltlease note that this is subgtect to the rules prescribed by Electronic iling and ltayment

System (E ltS) regulations in case the taxpayer is an E ltS taxpayer Fseful tip$ =ou

can find the -s for each in the -I website Gust click on the number

concerned

Rles nder ection )+) - o Revene Reglations RR 0o )1234 as amended by RR 0o 5+1)6674 in cases here the byers areengaged or not engaged in trade or bsiness8

- -uyer is not engaged in trade or business

5 Installment ale

Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 253660 if the sale is a sale of property on the installment plan (ie payments in

the year of sale do not exceed twenty five percent (39C) of the selling price) no

withholding is required to be made on the periodic installment payments

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In such a case the applicable rate of tax based on the gross selling price or fair market

value of the property at the time of the execution of the contract to sell whichever is

higher shall be withheld on the last installment or installments immediately prior to such

last installment if the last installment is not sufficient to cover the tax due to be paid to

the seller until the tax is fully paid

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installment

plan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

amp -uyer is engaged in trade or business

5 Installment ale

If the sale is a sale of property on the installment plan +ie payments in the year of sale

do not exceed twenty five percent (39C) of the selling price the tax shall be deducted

and withheld by the buyer from every installment which tax shall be based on the ratio

of actual collection of the consideration against the agreed consideration appearing in

the ampontract to Sell applied to the gross selling price or fair market value of the property

at the time of the execution of the ampontract to Sell whichever is higher

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installmentplan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

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In any case no ampertificate uthoriBing egistration (amp)DTax amplearance ampertificate

(TampN) shall be issued to the buyer unless the withholding tax due on the sale transfer

or exchange of real property has been fully paid

or the sale of property on installment basis or deferred payment basis where the

ampontract to Sell is always executed before the execution of the eed of Sale the said

ampontract to Sell must be attached to the eed of bsolute Sale executed upon

completion of the payments and the duly notariBed original duplicate copy of both

documents must be presented to the having gturisdiction of the place where the

property is located for validation of the correctness of issuance of ampDTampN

If upon completion of the payment of the purchase price of real property classified as

ordinary asset but before the execution of the eed of Sale the buyer decides toassign his right over the property to another person for a consideration the assignment

shall be considered a separate sale of real property and therefore subgtect to the

creditableDexpanded withholding tax (EWT) or final withholding of capital gains tax as

the case may be which shall be withheld by the assignee of such property based on the

consideration per eed of ssignment or the fair market value of such property at the

time of assignment whichever is higher and to the ST imposed under Sec 21 of the

same ampode using the same basis

It is to be clarified however that sale of interest in real property (real property

purchased on installment covered by ampontract to Sell which was sold by the original

buyer before it was fully paid) shall be taxable on the part of the original buyer (now

seller) based on the realiBed gain thereon which is measured by the difference between

the agreed consideration and the amount actually paid by the said original buyer

What yo need to no abot ale1(dded Tax (T on the sale oReal Estate

pdated on $ay amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

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lot of people have questions on taxes including Aaluedded Tax or AT +2 on the

sale of eal Estate +3 so I will try my best to explain it as simply as I can

The subgtect of taxes is quite technical so I apologiBe if my explanation may seem quite

hard to digest at times

Why should we learn about taxesJ

Why is it important to know whether the sale of a certain property is subgtect to AT and

ampreditable Withholding Tax (ampWT) or ampapital ains Tax (ampT)J To put it simply if you

pay the wrong tax for example ampT instead of AT and ampWT you may be liable for

deficiency AT and ampWT plus penalties and you would have to undergo a long and

difficult process to get a refund (ood luck in getting a refundO)

side from the very painful payment of a lot of taxes there may be a delay in the r

elease of the ampertificate uthoriBing egistration (amp) which you need in order for the

title to the property to be transferred to the name of the buyer

In addition to the above AT should be considered in the pricing of real estate sold

4ote that compared to a capital asset subgtect to C ampT an ordinary asset will be

subgtect to ampWT of as high as C plus 23C AT Thus AT may make or break atransaction or lower the profit of the seller

When is a sale of real property subgtect to ATJ

If the sellertaxpayer is a ATregistered person the sale of his ordinary asset shall be

subgtect to AT

person should register as a AT entity if his gross annual sales andDor receipts

exceed lt212196666 in a year If he is not originally registered as a AT entity but heexceeded the threshold he should submit -I orm 4o 2169 (Taxpayer egistration

Fpdate) to change to AT

When is an asset considered as ordinaryJ rdinary assets are those which are$

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1556

2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

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covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

8152019 Capital Gain-estate Tax

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

8152019 Capital Gain-estate Tax

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

8152019 Capital Gain-estate Tax

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

8152019 Capital Gain-estate Tax

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3456

96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3556

366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3656

8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 7: Capital Gain-estate Tax

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ExcessK ASltK3966666pesos 7 2666666pesosK2966666 pesos

4ow lets compute for the ampT to be shouldered by the buyer$

ampT for the buyer KC x ExcessK66 x 2966666 pesosK16666 pesos

The ampT to be shouldered by the seller is as follows$

ampTKC x SltK66 x 2666666 pesosK6666 pesos

Take note that the total ampT is 16666 pesos M 6666 pesos K 296666 pesos which isconsistent with our first computation The ampT was gtust split between the buyer and theseller

s investors we should always try to negotiate for the best terms and in relation to thisparticular example always try to have the other party shoulder the ampT

The seller will still be the one to file the ampT and he shall have to file the return in an uthoriBed gent -ank within the evenue istrict where the property is located inakati within 06 days the deed of sale was executed

Creditable Withholding Tax In Real Estate Transactions

ampreditable withholding tax (ampWT) is the tax which is withheld by the buyerDwithholding

agent from his payment to the seller for the sale of the sellers ordinary assetDservices

and which tax is creditable against the income tax payable of the seller I know this

sounds confusing so let me tell you about the withholding tax system first

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices o

read up on the rele$ant laws and regulations also

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-ackground on the Withholding Tax System

We all know that the ordinary income of a personDcorporation is subgtect to regular

income tax Fnder the withholding tax system the government gives the buyer the

responsibility to withhold a certain percentage of his payment to the seller and remit thesame to the government Thus the amount remitted by the buyer to the seller is less

than the purchase price The buyer should provide the seller with -I orm 4o

3065 (ampertificate of ampreditable Taxes Withheld) which states the amount of the taxes he

withheld

The tax withheld is called the withholding tax and the buyer in this case is called a

withholding agent ltlease note that this only applies to the ordinary income of the seller

as opposed to his capital gain ltlease refer to my earlier post on the difference betweenordinary assets and capital assets

ldquoEhat is the rationale or this systemF+ you may ask

To put it simply the tax withheld by the buyer acts as the advanced payment of the

sellers taxes Since the seller will only pay income taxes on a quarterly basis and the

government spends all throughout the year it would be difficult for the government to

operate if it only gets income taxes quarterly lso since the buyer withholds only a

small percentage of the sellers gross receipts (lets say 3C) the government is alerted

that the seller realiBed income to the extent of the grossedup amount of the taxes

withheld

or example lt366666 which pertains to 3C withholding tax means that the seller sold

lt26666666 worth of assetsDservices for which he should pay income taxes When the

time comes for the payment by the seller of his income taxes and he doesnt declare

the income from which the buyer withheld taxes a discrepancy will arise and the

government will have a tip to investigate whether the seller is paying the correct taxes

Take note the -ureau of Internal evenue (-I) already has computer software in

place which determines discrepancies automatically

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n the part of the buyer he must withhold taxes otherwise he will not be able to

deduct his expense or example if his expense is lt26666666 and he is required to

withhold 3C of this or lt366666 and he does not withhold and remit this amount for

income tax computation purposes he may not deduct his lt266666 expense from his

taxable income

Thus if his gross income is lt36666666 and he may not deduct the lt26666666

expense (assuming there are no other deductible expenses of course) he will pay taxes

based on a net income of lt36666666 instead of lt26666666

n the part of the seller since the taxes withheld act as his advanced payment of his

income tax when the time comes for the quarterly payment of income taxes he will

subtract the tax withheld from his income tax payable or example if his income taxpayable is lt0366666 and the tax withheld from him is lt366666 then he will only pay

lt0666666 income tax

s proof of the taxes withheld he should attach the -I orm 4o 3065 (ampertificate of

ampreditable Taxes Withheld) provided by the buyer to his income tax return

ampreditable Withholding Taxes n eal Estate Transactions

s earlier noted this only applies to the sale of real estate which are ordinary assets of

the seller Thus when the real estate sold is a capital asset to the seller his income

from the sale of real estate will be subgtect to capital gains tax and no creditable

withholding tax shall be imposed on the transaction

ltlease refer to my earlier post about ordinary assets vs capital assets rom hereon we

will assume that we are talking about the sale of ordinary real estate assets

oing now to the creditable withholding tax base the withholding agentDbuyer isrequired to withhold a creditable withholding tax based on the higher of the following$

a) gross selling priceDtotal amount of consideration or

b) the fair market value determined in accordance with Section (E) of the ampode

8152019 Capital Gain-estate Tax

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Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 3662 the percentages of taxes to be withheld are as follows$

( Fpon the following values of real property where the seller Dtransferor is habitually

engaged in the real estate business as per proof of registration with the NF- or the

Fampamp or other satisfactory evidence (for example heDit consummated during the

preceding year at least six taxable real estate transactions regardless of amount)$

a)With a selling price of Seven Hundred Fifty Thousand Pesos (P50000000) orless

15

)With a selling price of ore than Five Hundred Thousand Pesos ut not orethan To $illion Pesos (amp000amp00000)

0

c)With a selling price of ore than To $illion Pesos (amp000amp00000)50

Where the seller transferor is not haitually engaged in the real estate usiness(ut the real estate sold is an ordinary asset)

0

C

Where the seller transferor is eept fro creditale ithholding ta inaccordance ith Section 5+5 of evenue egulations -o When theseller is eept fro incoe taes 2s earlier notedamp the creditale taesithheld serve as advance payent of incoe taes So hen a seller is taeeptamp it follos that no ta should e ithheld fro his incoe3

4ept

ltlease note that the sale of foreclosed properties by banks is subgtect to creditable

withholding tax of C because banks are not considered as habitually engaged in the

real estate business and properties acquired by banks through foreclosure sales are

considered as ordinary assets pursuant to evenue egulations 4o 53660

Time and ltlace of ltayment of ampreditable Withholding Tax

8152019 Capital Gain-estate Tax

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eneral ule

Section 8 of 4o 6686 dated ebruary 21 366 provides for the time and place of

payment of creditable withholding tax and ST on the sale exchange or other mode of

onerous disposition of real properties classified as ordinary assets

AETISEE4T

ampreditable withholding taxes deducted and withheld by the withholding agentDbuyer on

the sale transfer or exchange of real property classified as ordinary asset shall be paid

by the withholding agentDbuyer upon filing of the return with the uthoriBed gent -ank

(-) located within the evenue istrict ffice () having gturisdiction over the

place where the property being transferred is located within ten (26) days following the

end of the month in which the transaction occurred The creditable withholding tax

return is -I orm 26

Taxes withheld in ecember shall be filed on or before Ganuary 29 of the following year

ltlease note that this is subgtect to the rules prescribed by Electronic iling and ltayment

System (E ltS) regulations in case the taxpayer is an E ltS taxpayer Fseful tip$ =ou

can find the -s for each in the -I website Gust click on the number

concerned

Rles nder ection )+) - o Revene Reglations RR 0o )1234 as amended by RR 0o 5+1)6674 in cases here the byers areengaged or not engaged in trade or bsiness8

- -uyer is not engaged in trade or business

5 Installment ale

Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 253660 if the sale is a sale of property on the installment plan (ie payments in

the year of sale do not exceed twenty five percent (39C) of the selling price) no

withholding is required to be made on the periodic installment payments

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In such a case the applicable rate of tax based on the gross selling price or fair market

value of the property at the time of the execution of the contract to sell whichever is

higher shall be withheld on the last installment or installments immediately prior to such

last installment if the last installment is not sufficient to cover the tax due to be paid to

the seller until the tax is fully paid

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installment

plan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

amp -uyer is engaged in trade or business

5 Installment ale

If the sale is a sale of property on the installment plan +ie payments in the year of sale

do not exceed twenty five percent (39C) of the selling price the tax shall be deducted

and withheld by the buyer from every installment which tax shall be based on the ratio

of actual collection of the consideration against the agreed consideration appearing in

the ampontract to Sell applied to the gross selling price or fair market value of the property

at the time of the execution of the ampontract to Sell whichever is higher

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installmentplan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

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In any case no ampertificate uthoriBing egistration (amp)DTax amplearance ampertificate

(TampN) shall be issued to the buyer unless the withholding tax due on the sale transfer

or exchange of real property has been fully paid

or the sale of property on installment basis or deferred payment basis where the

ampontract to Sell is always executed before the execution of the eed of Sale the said

ampontract to Sell must be attached to the eed of bsolute Sale executed upon

completion of the payments and the duly notariBed original duplicate copy of both

documents must be presented to the having gturisdiction of the place where the

property is located for validation of the correctness of issuance of ampDTampN

If upon completion of the payment of the purchase price of real property classified as

ordinary asset but before the execution of the eed of Sale the buyer decides toassign his right over the property to another person for a consideration the assignment

shall be considered a separate sale of real property and therefore subgtect to the

creditableDexpanded withholding tax (EWT) or final withholding of capital gains tax as

the case may be which shall be withheld by the assignee of such property based on the

consideration per eed of ssignment or the fair market value of such property at the

time of assignment whichever is higher and to the ST imposed under Sec 21 of the

same ampode using the same basis

It is to be clarified however that sale of interest in real property (real property

purchased on installment covered by ampontract to Sell which was sold by the original

buyer before it was fully paid) shall be taxable on the part of the original buyer (now

seller) based on the realiBed gain thereon which is measured by the difference between

the agreed consideration and the amount actually paid by the said original buyer

What yo need to no abot ale1(dded Tax (T on the sale oReal Estate

pdated on $ay amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

8152019 Capital Gain-estate Tax

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lot of people have questions on taxes including Aaluedded Tax or AT +2 on the

sale of eal Estate +3 so I will try my best to explain it as simply as I can

The subgtect of taxes is quite technical so I apologiBe if my explanation may seem quite

hard to digest at times

Why should we learn about taxesJ

Why is it important to know whether the sale of a certain property is subgtect to AT and

ampreditable Withholding Tax (ampWT) or ampapital ains Tax (ampT)J To put it simply if you

pay the wrong tax for example ampT instead of AT and ampWT you may be liable for

deficiency AT and ampWT plus penalties and you would have to undergo a long and

difficult process to get a refund (ood luck in getting a refundO)

side from the very painful payment of a lot of taxes there may be a delay in the r

elease of the ampertificate uthoriBing egistration (amp) which you need in order for the

title to the property to be transferred to the name of the buyer

In addition to the above AT should be considered in the pricing of real estate sold

4ote that compared to a capital asset subgtect to C ampT an ordinary asset will be

subgtect to ampWT of as high as C plus 23C AT Thus AT may make or break atransaction or lower the profit of the seller

When is a sale of real property subgtect to ATJ

If the sellertaxpayer is a ATregistered person the sale of his ordinary asset shall be

subgtect to AT

person should register as a AT entity if his gross annual sales andDor receipts

exceed lt212196666 in a year If he is not originally registered as a AT entity but heexceeded the threshold he should submit -I orm 4o 2169 (Taxpayer egistration

Fpdate) to change to AT

When is an asset considered as ordinaryJ rdinary assets are those which are$

8152019 Capital Gain-estate Tax

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2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

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covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2056

I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

8152019 Capital Gain-estate Tax

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2356

(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2456

Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2556

case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

8152019 Capital Gain-estate Tax

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

8152019 Capital Gain-estate Tax

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

8152019 Capital Gain-estate Tax

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

8152019 Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 8: Capital Gain-estate Tax

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-ackground on the Withholding Tax System

We all know that the ordinary income of a personDcorporation is subgtect to regular

income tax Fnder the withholding tax system the government gives the buyer the

responsibility to withhold a certain percentage of his payment to the seller and remit thesame to the government Thus the amount remitted by the buyer to the seller is less

than the purchase price The buyer should provide the seller with -I orm 4o

3065 (ampertificate of ampreditable Taxes Withheld) which states the amount of the taxes he

withheld

The tax withheld is called the withholding tax and the buyer in this case is called a

withholding agent ltlease note that this only applies to the ordinary income of the seller

as opposed to his capital gain ltlease refer to my earlier post on the difference betweenordinary assets and capital assets

ldquoEhat is the rationale or this systemF+ you may ask

To put it simply the tax withheld by the buyer acts as the advanced payment of the

sellers taxes Since the seller will only pay income taxes on a quarterly basis and the

government spends all throughout the year it would be difficult for the government to

operate if it only gets income taxes quarterly lso since the buyer withholds only a

small percentage of the sellers gross receipts (lets say 3C) the government is alerted

that the seller realiBed income to the extent of the grossedup amount of the taxes

withheld

or example lt366666 which pertains to 3C withholding tax means that the seller sold

lt26666666 worth of assetsDservices for which he should pay income taxes When the

time comes for the payment by the seller of his income taxes and he doesnt declare

the income from which the buyer withheld taxes a discrepancy will arise and the

government will have a tip to investigate whether the seller is paying the correct taxes

Take note the -ureau of Internal evenue (-I) already has computer software in

place which determines discrepancies automatically

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n the part of the buyer he must withhold taxes otherwise he will not be able to

deduct his expense or example if his expense is lt26666666 and he is required to

withhold 3C of this or lt366666 and he does not withhold and remit this amount for

income tax computation purposes he may not deduct his lt266666 expense from his

taxable income

Thus if his gross income is lt36666666 and he may not deduct the lt26666666

expense (assuming there are no other deductible expenses of course) he will pay taxes

based on a net income of lt36666666 instead of lt26666666

n the part of the seller since the taxes withheld act as his advanced payment of his

income tax when the time comes for the quarterly payment of income taxes he will

subtract the tax withheld from his income tax payable or example if his income taxpayable is lt0366666 and the tax withheld from him is lt366666 then he will only pay

lt0666666 income tax

s proof of the taxes withheld he should attach the -I orm 4o 3065 (ampertificate of

ampreditable Taxes Withheld) provided by the buyer to his income tax return

ampreditable Withholding Taxes n eal Estate Transactions

s earlier noted this only applies to the sale of real estate which are ordinary assets of

the seller Thus when the real estate sold is a capital asset to the seller his income

from the sale of real estate will be subgtect to capital gains tax and no creditable

withholding tax shall be imposed on the transaction

ltlease refer to my earlier post about ordinary assets vs capital assets rom hereon we

will assume that we are talking about the sale of ordinary real estate assets

oing now to the creditable withholding tax base the withholding agentDbuyer isrequired to withhold a creditable withholding tax based on the higher of the following$

a) gross selling priceDtotal amount of consideration or

b) the fair market value determined in accordance with Section (E) of the ampode

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Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 3662 the percentages of taxes to be withheld are as follows$

( Fpon the following values of real property where the seller Dtransferor is habitually

engaged in the real estate business as per proof of registration with the NF- or the

Fampamp or other satisfactory evidence (for example heDit consummated during the

preceding year at least six taxable real estate transactions regardless of amount)$

a)With a selling price of Seven Hundred Fifty Thousand Pesos (P50000000) orless

15

)With a selling price of ore than Five Hundred Thousand Pesos ut not orethan To $illion Pesos (amp000amp00000)

0

c)With a selling price of ore than To $illion Pesos (amp000amp00000)50

Where the seller transferor is not haitually engaged in the real estate usiness(ut the real estate sold is an ordinary asset)

0

C

Where the seller transferor is eept fro creditale ithholding ta inaccordance ith Section 5+5 of evenue egulations -o When theseller is eept fro incoe taes 2s earlier notedamp the creditale taesithheld serve as advance payent of incoe taes So hen a seller is taeeptamp it follos that no ta should e ithheld fro his incoe3

4ept

ltlease note that the sale of foreclosed properties by banks is subgtect to creditable

withholding tax of C because banks are not considered as habitually engaged in the

real estate business and properties acquired by banks through foreclosure sales are

considered as ordinary assets pursuant to evenue egulations 4o 53660

Time and ltlace of ltayment of ampreditable Withholding Tax

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eneral ule

Section 8 of 4o 6686 dated ebruary 21 366 provides for the time and place of

payment of creditable withholding tax and ST on the sale exchange or other mode of

onerous disposition of real properties classified as ordinary assets

AETISEE4T

ampreditable withholding taxes deducted and withheld by the withholding agentDbuyer on

the sale transfer or exchange of real property classified as ordinary asset shall be paid

by the withholding agentDbuyer upon filing of the return with the uthoriBed gent -ank

(-) located within the evenue istrict ffice () having gturisdiction over the

place where the property being transferred is located within ten (26) days following the

end of the month in which the transaction occurred The creditable withholding tax

return is -I orm 26

Taxes withheld in ecember shall be filed on or before Ganuary 29 of the following year

ltlease note that this is subgtect to the rules prescribed by Electronic iling and ltayment

System (E ltS) regulations in case the taxpayer is an E ltS taxpayer Fseful tip$ =ou

can find the -s for each in the -I website Gust click on the number

concerned

Rles nder ection )+) - o Revene Reglations RR 0o )1234 as amended by RR 0o 5+1)6674 in cases here the byers areengaged or not engaged in trade or bsiness8

- -uyer is not engaged in trade or business

5 Installment ale

Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 253660 if the sale is a sale of property on the installment plan (ie payments in

the year of sale do not exceed twenty five percent (39C) of the selling price) no

withholding is required to be made on the periodic installment payments

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In such a case the applicable rate of tax based on the gross selling price or fair market

value of the property at the time of the execution of the contract to sell whichever is

higher shall be withheld on the last installment or installments immediately prior to such

last installment if the last installment is not sufficient to cover the tax due to be paid to

the seller until the tax is fully paid

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installment

plan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

amp -uyer is engaged in trade or business

5 Installment ale

If the sale is a sale of property on the installment plan +ie payments in the year of sale

do not exceed twenty five percent (39C) of the selling price the tax shall be deducted

and withheld by the buyer from every installment which tax shall be based on the ratio

of actual collection of the consideration against the agreed consideration appearing in

the ampontract to Sell applied to the gross selling price or fair market value of the property

at the time of the execution of the ampontract to Sell whichever is higher

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installmentplan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

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In any case no ampertificate uthoriBing egistration (amp)DTax amplearance ampertificate

(TampN) shall be issued to the buyer unless the withholding tax due on the sale transfer

or exchange of real property has been fully paid

or the sale of property on installment basis or deferred payment basis where the

ampontract to Sell is always executed before the execution of the eed of Sale the said

ampontract to Sell must be attached to the eed of bsolute Sale executed upon

completion of the payments and the duly notariBed original duplicate copy of both

documents must be presented to the having gturisdiction of the place where the

property is located for validation of the correctness of issuance of ampDTampN

If upon completion of the payment of the purchase price of real property classified as

ordinary asset but before the execution of the eed of Sale the buyer decides toassign his right over the property to another person for a consideration the assignment

shall be considered a separate sale of real property and therefore subgtect to the

creditableDexpanded withholding tax (EWT) or final withholding of capital gains tax as

the case may be which shall be withheld by the assignee of such property based on the

consideration per eed of ssignment or the fair market value of such property at the

time of assignment whichever is higher and to the ST imposed under Sec 21 of the

same ampode using the same basis

It is to be clarified however that sale of interest in real property (real property

purchased on installment covered by ampontract to Sell which was sold by the original

buyer before it was fully paid) shall be taxable on the part of the original buyer (now

seller) based on the realiBed gain thereon which is measured by the difference between

the agreed consideration and the amount actually paid by the said original buyer

What yo need to no abot ale1(dded Tax (T on the sale oReal Estate

pdated on $ay amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

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lot of people have questions on taxes including Aaluedded Tax or AT +2 on the

sale of eal Estate +3 so I will try my best to explain it as simply as I can

The subgtect of taxes is quite technical so I apologiBe if my explanation may seem quite

hard to digest at times

Why should we learn about taxesJ

Why is it important to know whether the sale of a certain property is subgtect to AT and

ampreditable Withholding Tax (ampWT) or ampapital ains Tax (ampT)J To put it simply if you

pay the wrong tax for example ampT instead of AT and ampWT you may be liable for

deficiency AT and ampWT plus penalties and you would have to undergo a long and

difficult process to get a refund (ood luck in getting a refundO)

side from the very painful payment of a lot of taxes there may be a delay in the r

elease of the ampertificate uthoriBing egistration (amp) which you need in order for the

title to the property to be transferred to the name of the buyer

In addition to the above AT should be considered in the pricing of real estate sold

4ote that compared to a capital asset subgtect to C ampT an ordinary asset will be

subgtect to ampWT of as high as C plus 23C AT Thus AT may make or break atransaction or lower the profit of the seller

When is a sale of real property subgtect to ATJ

If the sellertaxpayer is a ATregistered person the sale of his ordinary asset shall be

subgtect to AT

person should register as a AT entity if his gross annual sales andDor receipts

exceed lt212196666 in a year If he is not originally registered as a AT entity but heexceeded the threshold he should submit -I orm 4o 2169 (Taxpayer egistration

Fpdate) to change to AT

When is an asset considered as ordinaryJ rdinary assets are those which are$

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2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 1856

covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

8152019 Capital Gain-estate Tax

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

8152019 Capital Gain-estate Tax

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

8152019 Capital Gain-estate Tax

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

8152019 Capital Gain-estate Tax

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

8152019 Capital Gain-estate Tax

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

8152019 Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3356

esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3456

96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3556

366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3656

8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

8152019 Capital Gain-estate Tax

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

8152019 Capital Gain-estate Tax

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5156

o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 9: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

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n the part of the buyer he must withhold taxes otherwise he will not be able to

deduct his expense or example if his expense is lt26666666 and he is required to

withhold 3C of this or lt366666 and he does not withhold and remit this amount for

income tax computation purposes he may not deduct his lt266666 expense from his

taxable income

Thus if his gross income is lt36666666 and he may not deduct the lt26666666

expense (assuming there are no other deductible expenses of course) he will pay taxes

based on a net income of lt36666666 instead of lt26666666

n the part of the seller since the taxes withheld act as his advanced payment of his

income tax when the time comes for the quarterly payment of income taxes he will

subtract the tax withheld from his income tax payable or example if his income taxpayable is lt0366666 and the tax withheld from him is lt366666 then he will only pay

lt0666666 income tax

s proof of the taxes withheld he should attach the -I orm 4o 3065 (ampertificate of

ampreditable Taxes Withheld) provided by the buyer to his income tax return

ampreditable Withholding Taxes n eal Estate Transactions

s earlier noted this only applies to the sale of real estate which are ordinary assets of

the seller Thus when the real estate sold is a capital asset to the seller his income

from the sale of real estate will be subgtect to capital gains tax and no creditable

withholding tax shall be imposed on the transaction

ltlease refer to my earlier post about ordinary assets vs capital assets rom hereon we

will assume that we are talking about the sale of ordinary real estate assets

oing now to the creditable withholding tax base the withholding agentDbuyer isrequired to withhold a creditable withholding tax based on the higher of the following$

a) gross selling priceDtotal amount of consideration or

b) the fair market value determined in accordance with Section (E) of the ampode

8152019 Capital Gain-estate Tax

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Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 3662 the percentages of taxes to be withheld are as follows$

( Fpon the following values of real property where the seller Dtransferor is habitually

engaged in the real estate business as per proof of registration with the NF- or the

Fampamp or other satisfactory evidence (for example heDit consummated during the

preceding year at least six taxable real estate transactions regardless of amount)$

a)With a selling price of Seven Hundred Fifty Thousand Pesos (P50000000) orless

15

)With a selling price of ore than Five Hundred Thousand Pesos ut not orethan To $illion Pesos (amp000amp00000)

0

c)With a selling price of ore than To $illion Pesos (amp000amp00000)50

Where the seller transferor is not haitually engaged in the real estate usiness(ut the real estate sold is an ordinary asset)

0

C

Where the seller transferor is eept fro creditale ithholding ta inaccordance ith Section 5+5 of evenue egulations -o When theseller is eept fro incoe taes 2s earlier notedamp the creditale taesithheld serve as advance payent of incoe taes So hen a seller is taeeptamp it follos that no ta should e ithheld fro his incoe3

4ept

ltlease note that the sale of foreclosed properties by banks is subgtect to creditable

withholding tax of C because banks are not considered as habitually engaged in the

real estate business and properties acquired by banks through foreclosure sales are

considered as ordinary assets pursuant to evenue egulations 4o 53660

Time and ltlace of ltayment of ampreditable Withholding Tax

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eneral ule

Section 8 of 4o 6686 dated ebruary 21 366 provides for the time and place of

payment of creditable withholding tax and ST on the sale exchange or other mode of

onerous disposition of real properties classified as ordinary assets

AETISEE4T

ampreditable withholding taxes deducted and withheld by the withholding agentDbuyer on

the sale transfer or exchange of real property classified as ordinary asset shall be paid

by the withholding agentDbuyer upon filing of the return with the uthoriBed gent -ank

(-) located within the evenue istrict ffice () having gturisdiction over the

place where the property being transferred is located within ten (26) days following the

end of the month in which the transaction occurred The creditable withholding tax

return is -I orm 26

Taxes withheld in ecember shall be filed on or before Ganuary 29 of the following year

ltlease note that this is subgtect to the rules prescribed by Electronic iling and ltayment

System (E ltS) regulations in case the taxpayer is an E ltS taxpayer Fseful tip$ =ou

can find the -s for each in the -I website Gust click on the number

concerned

Rles nder ection )+) - o Revene Reglations RR 0o )1234 as amended by RR 0o 5+1)6674 in cases here the byers areengaged or not engaged in trade or bsiness8

- -uyer is not engaged in trade or business

5 Installment ale

Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 253660 if the sale is a sale of property on the installment plan (ie payments in

the year of sale do not exceed twenty five percent (39C) of the selling price) no

withholding is required to be made on the periodic installment payments

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In such a case the applicable rate of tax based on the gross selling price or fair market

value of the property at the time of the execution of the contract to sell whichever is

higher shall be withheld on the last installment or installments immediately prior to such

last installment if the last installment is not sufficient to cover the tax due to be paid to

the seller until the tax is fully paid

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installment

plan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

amp -uyer is engaged in trade or business

5 Installment ale

If the sale is a sale of property on the installment plan +ie payments in the year of sale

do not exceed twenty five percent (39C) of the selling price the tax shall be deducted

and withheld by the buyer from every installment which tax shall be based on the ratio

of actual collection of the consideration against the agreed consideration appearing in

the ampontract to Sell applied to the gross selling price or fair market value of the property

at the time of the execution of the ampontract to Sell whichever is higher

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installmentplan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

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In any case no ampertificate uthoriBing egistration (amp)DTax amplearance ampertificate

(TampN) shall be issued to the buyer unless the withholding tax due on the sale transfer

or exchange of real property has been fully paid

or the sale of property on installment basis or deferred payment basis where the

ampontract to Sell is always executed before the execution of the eed of Sale the said

ampontract to Sell must be attached to the eed of bsolute Sale executed upon

completion of the payments and the duly notariBed original duplicate copy of both

documents must be presented to the having gturisdiction of the place where the

property is located for validation of the correctness of issuance of ampDTampN

If upon completion of the payment of the purchase price of real property classified as

ordinary asset but before the execution of the eed of Sale the buyer decides toassign his right over the property to another person for a consideration the assignment

shall be considered a separate sale of real property and therefore subgtect to the

creditableDexpanded withholding tax (EWT) or final withholding of capital gains tax as

the case may be which shall be withheld by the assignee of such property based on the

consideration per eed of ssignment or the fair market value of such property at the

time of assignment whichever is higher and to the ST imposed under Sec 21 of the

same ampode using the same basis

It is to be clarified however that sale of interest in real property (real property

purchased on installment covered by ampontract to Sell which was sold by the original

buyer before it was fully paid) shall be taxable on the part of the original buyer (now

seller) based on the realiBed gain thereon which is measured by the difference between

the agreed consideration and the amount actually paid by the said original buyer

What yo need to no abot ale1(dded Tax (T on the sale oReal Estate

pdated on $ay amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

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lot of people have questions on taxes including Aaluedded Tax or AT +2 on the

sale of eal Estate +3 so I will try my best to explain it as simply as I can

The subgtect of taxes is quite technical so I apologiBe if my explanation may seem quite

hard to digest at times

Why should we learn about taxesJ

Why is it important to know whether the sale of a certain property is subgtect to AT and

ampreditable Withholding Tax (ampWT) or ampapital ains Tax (ampT)J To put it simply if you

pay the wrong tax for example ampT instead of AT and ampWT you may be liable for

deficiency AT and ampWT plus penalties and you would have to undergo a long and

difficult process to get a refund (ood luck in getting a refundO)

side from the very painful payment of a lot of taxes there may be a delay in the r

elease of the ampertificate uthoriBing egistration (amp) which you need in order for the

title to the property to be transferred to the name of the buyer

In addition to the above AT should be considered in the pricing of real estate sold

4ote that compared to a capital asset subgtect to C ampT an ordinary asset will be

subgtect to ampWT of as high as C plus 23C AT Thus AT may make or break atransaction or lower the profit of the seller

When is a sale of real property subgtect to ATJ

If the sellertaxpayer is a ATregistered person the sale of his ordinary asset shall be

subgtect to AT

person should register as a AT entity if his gross annual sales andDor receipts

exceed lt212196666 in a year If he is not originally registered as a AT entity but heexceeded the threshold he should submit -I orm 4o 2169 (Taxpayer egistration

Fpdate) to change to AT

When is an asset considered as ordinaryJ rdinary assets are those which are$

8152019 Capital Gain-estate Tax

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2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

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covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2056

I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

8152019 Capital Gain-estate Tax

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2356

(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2456

Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2556

case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

8152019 Capital Gain-estate Tax

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

8152019 Capital Gain-estate Tax

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

8152019 Capital Gain-estate Tax

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

8152019 Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 10: Capital Gain-estate Tax

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Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 3662 the percentages of taxes to be withheld are as follows$

( Fpon the following values of real property where the seller Dtransferor is habitually

engaged in the real estate business as per proof of registration with the NF- or the

Fampamp or other satisfactory evidence (for example heDit consummated during the

preceding year at least six taxable real estate transactions regardless of amount)$

a)With a selling price of Seven Hundred Fifty Thousand Pesos (P50000000) orless

15

)With a selling price of ore than Five Hundred Thousand Pesos ut not orethan To $illion Pesos (amp000amp00000)

0

c)With a selling price of ore than To $illion Pesos (amp000amp00000)50

Where the seller transferor is not haitually engaged in the real estate usiness(ut the real estate sold is an ordinary asset)

0

C

Where the seller transferor is eept fro creditale ithholding ta inaccordance ith Section 5+5 of evenue egulations -o When theseller is eept fro incoe taes 2s earlier notedamp the creditale taesithheld serve as advance payent of incoe taes So hen a seller is taeeptamp it follos that no ta should e ithheld fro his incoe3

4ept

ltlease note that the sale of foreclosed properties by banks is subgtect to creditable

withholding tax of C because banks are not considered as habitually engaged in the

real estate business and properties acquired by banks through foreclosure sales are

considered as ordinary assets pursuant to evenue egulations 4o 53660

Time and ltlace of ltayment of ampreditable Withholding Tax

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eneral ule

Section 8 of 4o 6686 dated ebruary 21 366 provides for the time and place of

payment of creditable withholding tax and ST on the sale exchange or other mode of

onerous disposition of real properties classified as ordinary assets

AETISEE4T

ampreditable withholding taxes deducted and withheld by the withholding agentDbuyer on

the sale transfer or exchange of real property classified as ordinary asset shall be paid

by the withholding agentDbuyer upon filing of the return with the uthoriBed gent -ank

(-) located within the evenue istrict ffice () having gturisdiction over the

place where the property being transferred is located within ten (26) days following the

end of the month in which the transaction occurred The creditable withholding tax

return is -I orm 26

Taxes withheld in ecember shall be filed on or before Ganuary 29 of the following year

ltlease note that this is subgtect to the rules prescribed by Electronic iling and ltayment

System (E ltS) regulations in case the taxpayer is an E ltS taxpayer Fseful tip$ =ou

can find the -s for each in the -I website Gust click on the number

concerned

Rles nder ection )+) - o Revene Reglations RR 0o )1234 as amended by RR 0o 5+1)6674 in cases here the byers areengaged or not engaged in trade or bsiness8

- -uyer is not engaged in trade or business

5 Installment ale

Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 253660 if the sale is a sale of property on the installment plan (ie payments in

the year of sale do not exceed twenty five percent (39C) of the selling price) no

withholding is required to be made on the periodic installment payments

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In such a case the applicable rate of tax based on the gross selling price or fair market

value of the property at the time of the execution of the contract to sell whichever is

higher shall be withheld on the last installment or installments immediately prior to such

last installment if the last installment is not sufficient to cover the tax due to be paid to

the seller until the tax is fully paid

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installment

plan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

amp -uyer is engaged in trade or business

5 Installment ale

If the sale is a sale of property on the installment plan +ie payments in the year of sale

do not exceed twenty five percent (39C) of the selling price the tax shall be deducted

and withheld by the buyer from every installment which tax shall be based on the ratio

of actual collection of the consideration against the agreed consideration appearing in

the ampontract to Sell applied to the gross selling price or fair market value of the property

at the time of the execution of the ampontract to Sell whichever is higher

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installmentplan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

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In any case no ampertificate uthoriBing egistration (amp)DTax amplearance ampertificate

(TampN) shall be issued to the buyer unless the withholding tax due on the sale transfer

or exchange of real property has been fully paid

or the sale of property on installment basis or deferred payment basis where the

ampontract to Sell is always executed before the execution of the eed of Sale the said

ampontract to Sell must be attached to the eed of bsolute Sale executed upon

completion of the payments and the duly notariBed original duplicate copy of both

documents must be presented to the having gturisdiction of the place where the

property is located for validation of the correctness of issuance of ampDTampN

If upon completion of the payment of the purchase price of real property classified as

ordinary asset but before the execution of the eed of Sale the buyer decides toassign his right over the property to another person for a consideration the assignment

shall be considered a separate sale of real property and therefore subgtect to the

creditableDexpanded withholding tax (EWT) or final withholding of capital gains tax as

the case may be which shall be withheld by the assignee of such property based on the

consideration per eed of ssignment or the fair market value of such property at the

time of assignment whichever is higher and to the ST imposed under Sec 21 of the

same ampode using the same basis

It is to be clarified however that sale of interest in real property (real property

purchased on installment covered by ampontract to Sell which was sold by the original

buyer before it was fully paid) shall be taxable on the part of the original buyer (now

seller) based on the realiBed gain thereon which is measured by the difference between

the agreed consideration and the amount actually paid by the said original buyer

What yo need to no abot ale1(dded Tax (T on the sale oReal Estate

pdated on $ay amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

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lot of people have questions on taxes including Aaluedded Tax or AT +2 on the

sale of eal Estate +3 so I will try my best to explain it as simply as I can

The subgtect of taxes is quite technical so I apologiBe if my explanation may seem quite

hard to digest at times

Why should we learn about taxesJ

Why is it important to know whether the sale of a certain property is subgtect to AT and

ampreditable Withholding Tax (ampWT) or ampapital ains Tax (ampT)J To put it simply if you

pay the wrong tax for example ampT instead of AT and ampWT you may be liable for

deficiency AT and ampWT plus penalties and you would have to undergo a long and

difficult process to get a refund (ood luck in getting a refundO)

side from the very painful payment of a lot of taxes there may be a delay in the r

elease of the ampertificate uthoriBing egistration (amp) which you need in order for the

title to the property to be transferred to the name of the buyer

In addition to the above AT should be considered in the pricing of real estate sold

4ote that compared to a capital asset subgtect to C ampT an ordinary asset will be

subgtect to ampWT of as high as C plus 23C AT Thus AT may make or break atransaction or lower the profit of the seller

When is a sale of real property subgtect to ATJ

If the sellertaxpayer is a ATregistered person the sale of his ordinary asset shall be

subgtect to AT

person should register as a AT entity if his gross annual sales andDor receipts

exceed lt212196666 in a year If he is not originally registered as a AT entity but heexceeded the threshold he should submit -I orm 4o 2169 (Taxpayer egistration

Fpdate) to change to AT

When is an asset considered as ordinaryJ rdinary assets are those which are$

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2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

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covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

8152019 Capital Gain-estate Tax

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3456

96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3556

366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3656

8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 11: Capital Gain-estate Tax

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eneral ule

Section 8 of 4o 6686 dated ebruary 21 366 provides for the time and place of

payment of creditable withholding tax and ST on the sale exchange or other mode of

onerous disposition of real properties classified as ordinary assets

AETISEE4T

ampreditable withholding taxes deducted and withheld by the withholding agentDbuyer on

the sale transfer or exchange of real property classified as ordinary asset shall be paid

by the withholding agentDbuyer upon filing of the return with the uthoriBed gent -ank

(-) located within the evenue istrict ffice () having gturisdiction over the

place where the property being transferred is located within ten (26) days following the

end of the month in which the transaction occurred The creditable withholding tax

return is -I orm 26

Taxes withheld in ecember shall be filed on or before Ganuary 29 of the following year

ltlease note that this is subgtect to the rules prescribed by Electronic iling and ltayment

System (E ltS) regulations in case the taxpayer is an E ltS taxpayer Fseful tip$ =ou

can find the -s for each in the -I website Gust click on the number

concerned

Rles nder ection )+) - o Revene Reglations RR 0o )1234 as amended by RR 0o 5+1)6674 in cases here the byers areengaged or not engaged in trade or bsiness8

- -uyer is not engaged in trade or business

5 Installment ale

Fnder Section 3953 (G) of evenue egulations () 4o 31 as amended by

4o 253660 if the sale is a sale of property on the installment plan (ie payments in

the year of sale do not exceed twenty five percent (39C) of the selling price) no

withholding is required to be made on the periodic installment payments

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In such a case the applicable rate of tax based on the gross selling price or fair market

value of the property at the time of the execution of the contract to sell whichever is

higher shall be withheld on the last installment or installments immediately prior to such

last installment if the last installment is not sufficient to cover the tax due to be paid to

the seller until the tax is fully paid

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installment

plan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

amp -uyer is engaged in trade or business

5 Installment ale

If the sale is a sale of property on the installment plan +ie payments in the year of sale

do not exceed twenty five percent (39C) of the selling price the tax shall be deducted

and withheld by the buyer from every installment which tax shall be based on the ratio

of actual collection of the consideration against the agreed consideration appearing in

the ampontract to Sell applied to the gross selling price or fair market value of the property

at the time of the execution of the ampontract to Sell whichever is higher

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installmentplan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

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In any case no ampertificate uthoriBing egistration (amp)DTax amplearance ampertificate

(TampN) shall be issued to the buyer unless the withholding tax due on the sale transfer

or exchange of real property has been fully paid

or the sale of property on installment basis or deferred payment basis where the

ampontract to Sell is always executed before the execution of the eed of Sale the said

ampontract to Sell must be attached to the eed of bsolute Sale executed upon

completion of the payments and the duly notariBed original duplicate copy of both

documents must be presented to the having gturisdiction of the place where the

property is located for validation of the correctness of issuance of ampDTampN

If upon completion of the payment of the purchase price of real property classified as

ordinary asset but before the execution of the eed of Sale the buyer decides toassign his right over the property to another person for a consideration the assignment

shall be considered a separate sale of real property and therefore subgtect to the

creditableDexpanded withholding tax (EWT) or final withholding of capital gains tax as

the case may be which shall be withheld by the assignee of such property based on the

consideration per eed of ssignment or the fair market value of such property at the

time of assignment whichever is higher and to the ST imposed under Sec 21 of the

same ampode using the same basis

It is to be clarified however that sale of interest in real property (real property

purchased on installment covered by ampontract to Sell which was sold by the original

buyer before it was fully paid) shall be taxable on the part of the original buyer (now

seller) based on the realiBed gain thereon which is measured by the difference between

the agreed consideration and the amount actually paid by the said original buyer

What yo need to no abot ale1(dded Tax (T on the sale oReal Estate

pdated on $ay amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

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lot of people have questions on taxes including Aaluedded Tax or AT +2 on the

sale of eal Estate +3 so I will try my best to explain it as simply as I can

The subgtect of taxes is quite technical so I apologiBe if my explanation may seem quite

hard to digest at times

Why should we learn about taxesJ

Why is it important to know whether the sale of a certain property is subgtect to AT and

ampreditable Withholding Tax (ampWT) or ampapital ains Tax (ampT)J To put it simply if you

pay the wrong tax for example ampT instead of AT and ampWT you may be liable for

deficiency AT and ampWT plus penalties and you would have to undergo a long and

difficult process to get a refund (ood luck in getting a refundO)

side from the very painful payment of a lot of taxes there may be a delay in the r

elease of the ampertificate uthoriBing egistration (amp) which you need in order for the

title to the property to be transferred to the name of the buyer

In addition to the above AT should be considered in the pricing of real estate sold

4ote that compared to a capital asset subgtect to C ampT an ordinary asset will be

subgtect to ampWT of as high as C plus 23C AT Thus AT may make or break atransaction or lower the profit of the seller

When is a sale of real property subgtect to ATJ

If the sellertaxpayer is a ATregistered person the sale of his ordinary asset shall be

subgtect to AT

person should register as a AT entity if his gross annual sales andDor receipts

exceed lt212196666 in a year If he is not originally registered as a AT entity but heexceeded the threshold he should submit -I orm 4o 2169 (Taxpayer egistration

Fpdate) to change to AT

When is an asset considered as ordinaryJ rdinary assets are those which are$

8152019 Capital Gain-estate Tax

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2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

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covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2856

espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2956

ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

8152019 Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 12: Capital Gain-estate Tax

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In such a case the applicable rate of tax based on the gross selling price or fair market

value of the property at the time of the execution of the contract to sell whichever is

higher shall be withheld on the last installment or installments immediately prior to such

last installment if the last installment is not sufficient to cover the tax due to be paid to

the seller until the tax is fully paid

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installment

plan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

amp -uyer is engaged in trade or business

5 Installment ale

If the sale is a sale of property on the installment plan +ie payments in the year of sale

do not exceed twenty five percent (39C) of the selling price the tax shall be deducted

and withheld by the buyer from every installment which tax shall be based on the ratio

of actual collection of the consideration against the agreed consideration appearing in

the ampontract to Sell applied to the gross selling price or fair market value of the property

at the time of the execution of the ampontract to Sell whichever is higher

) Cash asis or eerred 9ayment ale 0ot on the Installment 9lan

If the sale is on a cash basis or is a deferredpayment sale not on the installmentplan (that is payments in the year of sale exceed 39C of the selling price) the buyer

shall withhold the tax based on the gross selling price or fair market value of the

property whichever is higher on the first installment

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In any case no ampertificate uthoriBing egistration (amp)DTax amplearance ampertificate

(TampN) shall be issued to the buyer unless the withholding tax due on the sale transfer

or exchange of real property has been fully paid

or the sale of property on installment basis or deferred payment basis where the

ampontract to Sell is always executed before the execution of the eed of Sale the said

ampontract to Sell must be attached to the eed of bsolute Sale executed upon

completion of the payments and the duly notariBed original duplicate copy of both

documents must be presented to the having gturisdiction of the place where the

property is located for validation of the correctness of issuance of ampDTampN

If upon completion of the payment of the purchase price of real property classified as

ordinary asset but before the execution of the eed of Sale the buyer decides toassign his right over the property to another person for a consideration the assignment

shall be considered a separate sale of real property and therefore subgtect to the

creditableDexpanded withholding tax (EWT) or final withholding of capital gains tax as

the case may be which shall be withheld by the assignee of such property based on the

consideration per eed of ssignment or the fair market value of such property at the

time of assignment whichever is higher and to the ST imposed under Sec 21 of the

same ampode using the same basis

It is to be clarified however that sale of interest in real property (real property

purchased on installment covered by ampontract to Sell which was sold by the original

buyer before it was fully paid) shall be taxable on the part of the original buyer (now

seller) based on the realiBed gain thereon which is measured by the difference between

the agreed consideration and the amount actually paid by the said original buyer

What yo need to no abot ale1(dded Tax (T on the sale oReal Estate

pdated on $ay amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

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lot of people have questions on taxes including Aaluedded Tax or AT +2 on the

sale of eal Estate +3 so I will try my best to explain it as simply as I can

The subgtect of taxes is quite technical so I apologiBe if my explanation may seem quite

hard to digest at times

Why should we learn about taxesJ

Why is it important to know whether the sale of a certain property is subgtect to AT and

ampreditable Withholding Tax (ampWT) or ampapital ains Tax (ampT)J To put it simply if you

pay the wrong tax for example ampT instead of AT and ampWT you may be liable for

deficiency AT and ampWT plus penalties and you would have to undergo a long and

difficult process to get a refund (ood luck in getting a refundO)

side from the very painful payment of a lot of taxes there may be a delay in the r

elease of the ampertificate uthoriBing egistration (amp) which you need in order for the

title to the property to be transferred to the name of the buyer

In addition to the above AT should be considered in the pricing of real estate sold

4ote that compared to a capital asset subgtect to C ampT an ordinary asset will be

subgtect to ampWT of as high as C plus 23C AT Thus AT may make or break atransaction or lower the profit of the seller

When is a sale of real property subgtect to ATJ

If the sellertaxpayer is a ATregistered person the sale of his ordinary asset shall be

subgtect to AT

person should register as a AT entity if his gross annual sales andDor receipts

exceed lt212196666 in a year If he is not originally registered as a AT entity but heexceeded the threshold he should submit -I orm 4o 2169 (Taxpayer egistration

Fpdate) to change to AT

When is an asset considered as ordinaryJ rdinary assets are those which are$

8152019 Capital Gain-estate Tax

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2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

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httpslidepdfcomreaderfullcapital-gain-estate-tax 1856

covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2056

I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

8152019 Capital Gain-estate Tax

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

8152019 Capital Gain-estate Tax

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2456

Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

8152019 Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

8152019 Capital Gain-estate Tax

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 13: Capital Gain-estate Tax

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In any case no ampertificate uthoriBing egistration (amp)DTax amplearance ampertificate

(TampN) shall be issued to the buyer unless the withholding tax due on the sale transfer

or exchange of real property has been fully paid

or the sale of property on installment basis or deferred payment basis where the

ampontract to Sell is always executed before the execution of the eed of Sale the said

ampontract to Sell must be attached to the eed of bsolute Sale executed upon

completion of the payments and the duly notariBed original duplicate copy of both

documents must be presented to the having gturisdiction of the place where the

property is located for validation of the correctness of issuance of ampDTampN

If upon completion of the payment of the purchase price of real property classified as

ordinary asset but before the execution of the eed of Sale the buyer decides toassign his right over the property to another person for a consideration the assignment

shall be considered a separate sale of real property and therefore subgtect to the

creditableDexpanded withholding tax (EWT) or final withholding of capital gains tax as

the case may be which shall be withheld by the assignee of such property based on the

consideration per eed of ssignment or the fair market value of such property at the

time of assignment whichever is higher and to the ST imposed under Sec 21 of the

same ampode using the same basis

It is to be clarified however that sale of interest in real property (real property

purchased on installment covered by ampontract to Sell which was sold by the original

buyer before it was fully paid) shall be taxable on the part of the original buyer (now

seller) based on the realiBed gain thereon which is measured by the difference between

the agreed consideration and the amount actually paid by the said original buyer

What yo need to no abot ale1(dded Tax (T on the sale oReal Estate

pdated on $ay amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

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lot of people have questions on taxes including Aaluedded Tax or AT +2 on the

sale of eal Estate +3 so I will try my best to explain it as simply as I can

The subgtect of taxes is quite technical so I apologiBe if my explanation may seem quite

hard to digest at times

Why should we learn about taxesJ

Why is it important to know whether the sale of a certain property is subgtect to AT and

ampreditable Withholding Tax (ampWT) or ampapital ains Tax (ampT)J To put it simply if you

pay the wrong tax for example ampT instead of AT and ampWT you may be liable for

deficiency AT and ampWT plus penalties and you would have to undergo a long and

difficult process to get a refund (ood luck in getting a refundO)

side from the very painful payment of a lot of taxes there may be a delay in the r

elease of the ampertificate uthoriBing egistration (amp) which you need in order for the

title to the property to be transferred to the name of the buyer

In addition to the above AT should be considered in the pricing of real estate sold

4ote that compared to a capital asset subgtect to C ampT an ordinary asset will be

subgtect to ampWT of as high as C plus 23C AT Thus AT may make or break atransaction or lower the profit of the seller

When is a sale of real property subgtect to ATJ

If the sellertaxpayer is a ATregistered person the sale of his ordinary asset shall be

subgtect to AT

person should register as a AT entity if his gross annual sales andDor receipts

exceed lt212196666 in a year If he is not originally registered as a AT entity but heexceeded the threshold he should submit -I orm 4o 2169 (Taxpayer egistration

Fpdate) to change to AT

When is an asset considered as ordinaryJ rdinary assets are those which are$

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2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

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covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

8152019 Capital Gain-estate Tax

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2556

case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

8152019 Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3456

96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3556

366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3656

8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 14: Capital Gain-estate Tax

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lot of people have questions on taxes including Aaluedded Tax or AT +2 on the

sale of eal Estate +3 so I will try my best to explain it as simply as I can

The subgtect of taxes is quite technical so I apologiBe if my explanation may seem quite

hard to digest at times

Why should we learn about taxesJ

Why is it important to know whether the sale of a certain property is subgtect to AT and

ampreditable Withholding Tax (ampWT) or ampapital ains Tax (ampT)J To put it simply if you

pay the wrong tax for example ampT instead of AT and ampWT you may be liable for

deficiency AT and ampWT plus penalties and you would have to undergo a long and

difficult process to get a refund (ood luck in getting a refundO)

side from the very painful payment of a lot of taxes there may be a delay in the r

elease of the ampertificate uthoriBing egistration (amp) which you need in order for the

title to the property to be transferred to the name of the buyer

In addition to the above AT should be considered in the pricing of real estate sold

4ote that compared to a capital asset subgtect to C ampT an ordinary asset will be

subgtect to ampWT of as high as C plus 23C AT Thus AT may make or break atransaction or lower the profit of the seller

When is a sale of real property subgtect to ATJ

If the sellertaxpayer is a ATregistered person the sale of his ordinary asset shall be

subgtect to AT

person should register as a AT entity if his gross annual sales andDor receipts

exceed lt212196666 in a year If he is not originally registered as a AT entity but heexceeded the threshold he should submit -I orm 4o 2169 (Taxpayer egistration

Fpdate) to change to AT

When is an asset considered as ordinaryJ rdinary assets are those which are$

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2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

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covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

8152019 Capital Gain-estate Tax

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

8152019 Capital Gain-estate Tax

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3456

96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3556

366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3656

8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

8152019 Capital Gain-estate Tax

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 15: Capital Gain-estate Tax

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2 Stock in trade of a taxpayer or other real property of a kind which would properly be

included in the inventory of the taxpayer if on hand at the close of the taxable yearP or

3 eal property held by the taxpayer primarily for sale to customers in the ordinary course

of his trade or businessP or

0 eal property used in trade or business (ie buildings andDor improvements) of a

character which is subgtect to the allowance for depreciation provided for under Sec 08( )

of the ampodeP or

8 eal property used in trade or business of the taxpayer

In simple terms real property considered as ordinary assets are those which are used

in the trade or business of the taxpayer 9lease read Revene Reglations RR 0o

+1)667 +0 in ll to determine hen an asset shall be considered as capital or

ordinary lt this is also dependent on the classiication o the taxpayer

I also wrote about the ampreditable Withholding Tax (ampWT)

here$ http$DDwwwforeclosurephilippinescomD3661D60Dcreditablewithholdingtaxin

realhtml and the ampapital ains Tax (ampT)

here$ http$DDwwwforeclosurephilippinescomD3661D63Drealestatetaxationwhatis

capitalhtml you may read the said posts should you wish to learn more about them

AT Taxpayer

The AT taxpayer in this case is a person who is engaged in the real estate

business and is the seller of a real property classified as an ordinary asset Taxpayers

engaged in the real estate business shall refer collectively to real estate dealers real

estate developers andDor real estate lessors taxpayer whose primary purpose of

engaging in business or whose rticles of Incorporation states that its primary purpose

is to engage in the real estate business shall also be deemed to be engaged in the real

estate business

ow about those not in the above listJ egistration with the NF- or Fampamp as a

real estate dealer or developer shall be sufficient for a taxpayer to be considered as

habitually engaged in the sale of real estate If the taxpayer is not registered with the

NF- or Fampamp as a real estate dealer or developer heDit may nevertheless be

8152019 Capital Gain-estate Tax

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

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covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

8152019 Capital Gain-estate Tax

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

8152019 Capital Gain-estate Tax

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

8152019 Capital Gain-estate Tax

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

8152019 Capital Gain-estate Tax

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 16: Capital Gain-estate Tax

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deemed to be engaged in the real estate business through the establishment of

substantial relevant evidence (such as consummation during the preceding year of at

least six () taxable real estate sale transactions regardless of amountP registration as

habitually engaged in real estate business with the Nocal overnment Fnit or the

-ureau of Internal evenue (-I) etc)

any ask how are the six taxable real estate sale transactions counted ccording to

our real estate mentor when you buy a property and later sell it those are counted as

two transactions I believe this is the conservative position It will actually depend on the

-I officer processing your papers Technically and as written it says six sale

transactions

person who is not engaged in the real estate business but who is selling real propertywhich is classified as its ordinary asset is also subgtect to AT This is pursuant to

4o 865 which provides$

ldquoGowe$er e$en i the real property is not primarily held or sale to customers or held or

lease in the ordinary course o trade or business but the same is used in the trade or

business o the seller the sale thereo shall be subect to HA- being a transaction

incidental to the taxpayerrsquos main business+

Thus if a taxpayer is engaged in the restaurant business and sells his restaurant

building which he used in his restaurant business the said sale shall be subgtect to AT

notwithstanding that the taxpayer is not engaged in the real estate business

ltlease note thank banks are not considered as AT taxpayers Thus their sale of

foreclosed properties are not subgtect to AT They are subgtect instead to ampreditable

Withholding tax ( ampWT) Their foreclosed assets when sold are considered as ordinary

assets but banks are not considered as engaged in the real estate business

AT rate

The sale of properties which may be considered as ordinary assets would be subgtect to

the 23C +8 AT effective ebruary 2 366

Tax base of output AT

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

8152019 Capital Gain-estate Tax

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covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

8152019 Capital Gain-estate Tax

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

8152019 Capital Gain-estate Tax

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2756

In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2856

espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2956

ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

8152019 Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

8152019 Capital Gain-estate Tax

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3656

8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

8152019 Capital Gain-estate Tax

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

8152019 Capital Gain-estate Tax

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4956

f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 17: Capital Gain-estate Tax

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The tax base of the 23C output AT is the selling price (Slt) or the fair market value

( A) of the property whiche$er is higher

If AT is not billed separately in the document of sale the selling price stated in the

deed is deemed inclusi$e o HA- Thus to get the selling price without AT divide the

selling price in the deed by 223 To get the AT multiply the selling price without AT by

23

What if the gross selling price in the document of sale is equal to the Bonal value or

market value of the propertyJ Will the selling price without AT be effectively lower than

the Bonal or market value of the propertyJ 4o the BonalDmarket value shall be

considered as net of the output AT +9

ltlease note that the AT should be separately indicated in the document of sale and

official receipt as there are penalties for noncompliance +

AT payable

The amount of AT payable is the difference between the output AT and input AT

Qeep the ATregistered official receipts (for services purchased) and invoices (for

goods purchased) supporting your business expenses so you can claim input AT

which can reduce your output AT payable

Time of payment of AT

The time of payment will depend on whether a sale is an Installment Sale or a eferred

ltayment Sale sale is on installment if the initial payments in the year of sale do not

exceed 39C of the gross selling price sale is considered as cash or deferred payment

if the initial payments in the year of sale exceed 39C of the gross selling price +5

AETISEE4T

Initial payments means payment or payments which the seller receives before or upon

execution of the instrument of sale and payments which he expects or is scheduled to

receive in cash or property (other than evidence of indebtedness of the purchaser)

during the taxable yearwhen the sale or disposition of the real property was made It

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covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

8152019 Capital Gain-estate Tax

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

8152019 Capital Gain-estate Tax

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

8152019 Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

8152019 Capital Gain-estate Tax

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3656

8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

8152019 Capital Gain-estate Tax

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

8152019 Capital Gain-estate Tax

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4956

f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 18: Capital Gain-estate Tax

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covers any downpayment made and includes all payments actually or constructively

received during the year of sale the aggregate of which determines the limit set by the

law

In other words add the downpayment plus all amortiBation payments (principal portion

only) during the year and compute if the total exceeds 39C of the gross selling price

A eerred payment Cash basis

The transaction shall be treated as a cash sale which makes the entire selling price

subgtect to AT in the month of sale

Bnstallment basis

Each installment payment actually andDor constructively received by the seller is subgtect

to AT

The monthly AT return should be filed on or before the 36 th day of the month following

the close of the 2 st two months of the quarter ( ebruary 36 arch 36 ay 36 Gune 36

ugust 36 September 36 4ovember 36 ecember 36) while the quarterly AT return

should be filed on or before the 39 th day of the month following the last month of the

quarter (pril 39 Guly 39 ctober 39 Ganuary 39)

ltlace of payment

The AT should be paid at the uthoriBed gent -ank (-) of the evenue istrict

ffice () where the seller is registered as a taxpayer In places where there are

no - the return shall be filed directly with the evenue ampollection fficer or

uthoriBed ampity or unicipal Treasurer

-I orm to use

The monthly AT return is -I orm 4o 3996 + while the quarterly AT return is -I

orm 4o 3996R +1

Exemptions from AT

8152019 Capital Gain-estate Tax

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

8152019 Capital Gain-estate Tax

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

8152019 Capital Gain-estate Tax

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

8152019 Capital Gain-estate Tax

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

8152019 Capital Gain-estate Tax

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 19: Capital Gain-estate Tax

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The following are exempt from AT$

Sale of residential lot not exceeding lt212196666 (effective Ganuary 2 3623 as per

4o 23622 +26 ) If two or more adgtacent lots are sold or disposed in favor of one

buyer for the purpose of utiliBing the lots as one residential lot the sale shall be exempt

from AT only if the aggregate value of the lots does not exceed lt212196666 (effective

Ganuary 2 3623 as per 4o 23622 +22 )

In practice I have heard of cases where adgtacent condominium units are bought but the

selling prices are not aggregated for purposes of computing whether the sale exceeds

the threshold I believe that the reasoning made is that adgtacent condominium units are

not the same as adgtacent residential lots and thus the rule on adgtacent residential lots

does not apply This is the aggressive position +Edit$ 203623 clarified the rules onadgtacent units

Sale of real properties not primarily held for sale to customers or held for lease in the

ordinary course of trade or business (in other words a capital asset)P

Sale of real property utiliBed for lowcost ( ie lt59666666) and socialiBed housing ( ie

lt866666) as defined by epublic ct 4o 5351 or the Frban evelopment and ousing

ct of 2113P

Sale of residential house and lot not exceeding lt021136666 (effective Ganuary 23623 as per 4o 23622 +23 ) In practice condominiums use this amount as

the AT threshold

=ore On ocmentary tamp Tax T On Real Estate Transactions

pdated on 9eceer amp 015 y ay 7astillo 7oents

2984TS4$4-T

There are different ST rates on different types of transactions In my previous poston ow to Easily ampompute ST I was referring to ST on the sale of real property

ltlease note that there is ST too on loan agreements lease agreements andmortgages and there are also exemptions from ST or this post aside fromdiscussing these I will also discuss the deadline date and venue for filing the STreturn

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3456

96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3656

8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

8152019 Capital Gain-estate Tax

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 20: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

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I will provide you as well with a blank ST form for your use and reference Take notethat most of this post was actually written by my wife

ST on the sale of real property

Section 21 of the Tax ampode as amended provides$

ltS47 1 Stap Ta on 9eeds of Sale and 7onveyances of eal Property = gtn allconveyancesamp deedsamp instruentsamp or ritingsamp other than grantsamp patents or originalcerticates of adudication issued y the Aovernentamp herey any landamp teneentor other realty sold shall e grantedamp assignedamp transferred or otherise conveyed tothe purchaseramp or purchasersamp or to any other person or persons designated y suchpurchaser or purchasersamp there shall e collected a docuentary stap taamp at therates herein elo prescriedamp ased on the consideration contracted to e paid forsuch realty or on its fair arBet value deterined in accordance ith Section (4) of

this 7odeamp hichever is higherC Providedamp That hen one of the contracting parties isthe Aovernentamp the ta herein iposed shall e ased on the actual considerationC

(a) Ehen the consideration or $alue recei$ed or contracted to be paid or such realtyater maing proper allowance o any encumbrance does not exceed ne thousand

pesos (1 ) iteen pesos (1)

(b) or each additional ne thousand pesos (1 ) or ractional part thereo inexcess o ne thousand pesos (1 ) o such consideration or $alue iteen pesos(1)

Ehen it appears that the amount o the documentary stamp tax payable hereunder hasbeen reduced by an incorrect statement o the consideration in any con$eyance deedinstrument or writing subect to such tax the Commissioner pro$incial or city -reasureror other re$enue oicer shall rom the assessment rolls or other reliable source oinormation assess the property o its true maret $alue and collect the proper taxthereon+

To copute the 9STamp divide the higher aount eteen the selling price and the fairarBet value y P1amp00000amp then round oD the aount to net higher nuer if there are decialsamp then ultiply it y P1500 2s a shortcutamp ultiply the higheraount eteen the selling price and the fair arBet value y 015 and if the 9ST isnot a ultiple of 15amp the 9ST shall e the net higher ultiple of 15

Take note that if the tax base is incorrect (for example the selling price or the Bonalvalue is understated to lower the ST) the true value of the property may be assessedso that the proper tax may be collected ltlease refer to my previous post on ow toEasily ampompute ST as to the sample computations

8152019 Capital Gain-estate Tax

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2556

case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

8152019 Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3456

96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3556

366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3656

8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 21: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

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ST on loan agreements

f you ill e taBing out a loanamp another type of 9ST ay e iposed Section 1+ of the Ta 7odeamp as aendedamp provides for the 9ST on loan agreeentsamp as follosC

ldquoamp C 159 amptamp -ax on All ebt Bnstruments I n e$ery original issue o debt instruments there shall be collected a documentary stamp tax on ne peso (1) oneach -wo hundred pesos (0) or ractional part thereo o the issue price o any such debt instruments ro$ided -hat or such debt instruments with terms o less thanone (1) year the documentary stamp tax to be collected shall be o a proportional amount in accordance with the ratio o its term in number o days to three hundred sixty4i$e ( 3) days ro$ided urther -hat only one documentary stamp tax shall beimposed on either loan agreement or promissory notes issued to secure such loan

or purposes of this section the term debt instrument shall mean instruments

representing borrowing and lending transactions including but not limited to debenturescertificates of indebtedness due bills bonds loan agreements including those signedabroad wherein the obgtect of contract is located or used in the lthilippines instrumentsand securities issued by the government of any of its instrumentalities depositsubstitute debt instruments certificates or other evidences of deposits that are eitherdrawing interest significantly higher than the regular savings deposit taking intoconsideration the siBe of the deposit and the risks involved or drawing interest andhaving a specific maturity date orders for payment of any sum of money otherwise thanat sight or on demand promissory notes whether negotiable or nonnegotiable exceptbank notes issued for circulation

9ST on loan agreeents (hich ay e taBen out in order to purchase real property) is thus coputed as P100 for every P0000 To copute the 9STamp divide the loanaount y P0000amp then round oD the aount to net higher nuer if there aredecials 2s a shortcutamp ultiply the loan aount y 005 and round oD the aountto net higher nuer if there are decials

ST on lease agreements

If you will be leasing out your property ST will be imposed at the rate of lt066 for the

first lt366666 and an additional lt266 for every lt266666 in excess of the firstlt366666 pursuant to Section 218 of the Tax ampode to wit$

ldquoampection 19 amptamp tax on eases and ther Giring Agreements ndash n each leaseagreement memorandum or contract or hire use or rent o any lands or tenements or

portions thereo there shall be collected a documentary stamp tax o -hree pesos( ) or the irst -wo thousand pesos (0 ) or ractional part thereo and an

8152019 Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

8152019 Capital Gain-estate Tax

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

8152019 Capital Gain-estate Tax

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2556

case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 22: Capital Gain-estate Tax

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additional ne peso (1) or e$ery ne -housand pesos (1 ) or ractional partthereo in excess o the irst -wo thousand pesos (0 ) or each year o the term osaid contract or agreement+

To compute ST multiply the monthly rent by 23 months and then by the number ofyears stated in the contract Subtract lt366666 and multiply the amount by 662 thenadd lt066

2984TS4$4-T

or example the monthly rent is lt2666666 and the contract is for 0 years The ST iscomputed as follows$

onthly rent lt2666666ultiply by 23 months

nnual rent K lt23666666ultiply by 0 yearsTotal contract amount K lt0666666Subtract lt3666 K lt0966666ultiply this by 662 K lt09ltlus lt066ST K lt0266

s a shortcut multiply the contract amount by 662 and add lt266 to get the ST

If the total contract amount is not a multiple of lt266666 for example its lt0696666round it up to the next 2666 then multiply the contract amount by 662 and add lt266 toget the ST

ST on mortgages

Section 219 of the Tax ampode provides$

ldquo Section 195 amptamp -ax on 2ortgages ledges and eeds o -rust ndash n e$erymortgage or pledge o lands estate or property real or personal heritable or mo$able

whatsoe$er where the same shall be made as a security or the payment o any deiniteand certain sum o money lent at the time or pre$iously due and owing o orborne to be

paid being payable and on any con$eyance o land estate or property whatsoe$er in trust or to be sold or otherwise con$erted into moneywhich shall be and intended only as security either by express stipulation or otherwisethere shall be collected a documentary stamp tax at the ollowing rates

8152019 Capital Gain-estate Tax

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

8152019 Capital Gain-estate Tax

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

8152019 Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

8152019 Capital Gain-estate Tax

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

8152019 Capital Gain-estate Tax

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5156

o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 23: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

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(a) Ehen the amount secured does not exceed i$e thousand pesos ( ) -wenty pesos (0)

(b) n each i$e thousand pesos ( ) or ractional part thereo in excess o i$ethousand pesos ( ) an additional tax o -en pesos (1)

n any mortgage pledge or deed o trust where the same shall be made as a security or the payment o a luctuating account or uture ad$ances without ixed limit thedocumentary stamp tax on such mortgage pledge or deed o trust shall be computedon the amount actually loaned or gi$en at the time o the execution o the mortgage

pledge or deed o trust additional documentary stamp tax shall be paid which shall becomputed on the basis o the amount ad$anced or loaned at the rates speciied abo$ero$ided howe$er -hat i the ull amount o the loan or credit granted under themortgage pledge or deed o trust shall be computed on the amount actually loaned orgi$en at the time o the execution o the mortgage pledge or deed o trust Gowe$er isubse8uent ad$ances are made on such mortgage pledge or deed o trust additionaldocumentary stamp tax shall be paid which shall be computed on the basis o theamount ad$anced or loaned at the rates speciied abo$e ro$ided howe$er -hat i theull amount o the loan or credit granted under the mortgage pledge or deed o trust isspeciied in such mortgage pledge or deed o trust the documentary stamp tax

prescribed in this ampection shall be paid and computed on the ull amount o the loan orcredit granted+

To compute ST subtract lt9666 from the contract amount then divide whats left by

lt966666 and round off any decimal to the higher number ultiply this by 26 then addlt3666

To illustrate if the amount secured is lt2666666 the ST is computed as follows$

mount secured lt2666666Subtract lt9666 K 262666ivide by lt966666 K 3636ound off to higher number K 32ultiply by 26 K 326

dd 36 K lt306 ST

s a shortcut divide the contract amount by lt966666 and round off any decimal to thehigher number ultiply this by 26 then add lt2666

Exemptions from ST

8152019 Capital Gain-estate Tax

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 2556

case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

8152019 Capital Gain-estate Tax

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

8152019 Capital Gain-estate Tax

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

8152019 Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3556

366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 24: Capital Gain-estate Tax

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Section 1 of the Ta 7odeamp as aendedamp provides the docuents hich areeept fro 9STamp including loan agreeents hich does not eceed P50amp000amp viEC

lt(d) oan agreeents or proissory notesamp the aggregate of hich does not eceed To hundred fty thousand pesos (P50amp000)amp or any such aount as ay e

deterined y the Secretary of Financeamp eecuted y an individual for his purchaseon installent for his personal use or that of his faily and not for usiness orresaleamp arter or hire of a houseamp lotamp otor vehicleamp appliance or furnitureC Providedamphoeveramp That the aount to e set y the Secretary of Finance shall e inaccordance ith a relevant price inde ut not to eceed ten percent (10 ) of thecurrent aount and shall reain in force at least for three () yearsG

eadline for filing the ST return

nder evenue egulations () -o 5 00 dated $arch 1 amp 00amp the 9ST eturn( For -o 000 gtT) shall e led ithin ve (5) days after the close of the

onth hen the taale docuent as adeamp signedamp accepted or transferred Foreapleamp the 9ST on a taale docuent signed on 2pril 15amp 00 ill e due on$ay 5amp 00

Aenue for filing the ST return

The 9ST due shall e paid at the sae tie the aforesaid return is led ith the22 having urisdiction over the place here the property eing transferred islocated ased on the consideration contracted to e paid for such realty or on itsfair arBet value deterined in accordance ith Section (4) of the Ta 7odeamp

hichever is higher

ltlease feel free to leave a comment below

What is Transer Tax

pdated on gtctoer 5amp 01 y ay 7astillo 6+ 7oents

2984TS4$4-T

transfer tax is imposed on tax on the sale donation barter or any other mode of

transferring ownership or title of real property at the maximum rate of 96C of 2C (59C

of 2C in the case of cities and municipalities within etro anila) of the total

consideration involved in the acquisition of the property or of the fair market value in

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

8152019 Capital Gain-estate Tax

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 25: Capital Gain-estate Tax

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case the monetary consideration involved in the transfer is not substantial whichever is

higher This is pursuant to Section 209 of the Nocal overnment ampode of 2112 (Namp)

=ou need to pay the transfer tax because the evidence of its payment is required by the

egister of eeds of the province concerned before registering any deed This is also

required by the provincial assessor before cancelling an old tax declaration and issuing

a new one in its place 9lease do not conse the transer tax hich is paid to the

local government ith the transer taxes de to the IR (which may either be

donors or estate taxes)

isclaimer Ehile great eort has been taen to ensure the accuracy o the discussion

here as o its writing this is not intended to replace seeing proessional ser$ices

Always consult with your tax attorneys and read up on the rele$ant laws and regulationsalso

Who should pay

The payment of the transfer tax is the responsibility of the seller donor transferor

executor or and administrator

When to pay

The deadline for payment is sixty (6) days from the date of the execution of the deed

or from the date of the decedents death ltlease note too that notaries public are

required to furnish the provincial treasurers with a copy of any deed transferring

ownership or title to any real property within thirty (06) days from the date of

notariBation

Surcharges and penalties for late payments (as per section 2 of 526)

Surcharge 7 4o more than twentyfive percent (39C) of the amount of taxes fees orcharges not paid on time

ltenalty 7 4o more than two percent (3C) per month of the unpaid taxes fees or

charges including surcharges until such amount is fully paid but in not to exceed thirtysix

(0) months or seventytwo percent (53C)

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 26: Capital Gain-estate Tax

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Where to pay

The transfer tax is to be paid at the Treasurers ffice of the city or municipality where

the property is located

equirements

In general the requirements for the payment of transfer tax are the following$

ampertificate uthoriBing egistration from the -ureau of Internal evenueP

ealty tax clearance from the Treasurers fficeP and

fficial receipt of the -ureau of Internal evenue (for documentary stamp tax)

Transfer Tax ates

With regard to the transfer tax rates please click on the links to see the different

transfer tax rates and documents required to transfer the registration of a property =ou

have to check the rates on a per city or per municipality basis as the Namp only provides

for the maximum rates amplick on the links below for the transfer tax rates of magtor cities

anila

ampaloocan 7 +I have no idea why the transfer tax rate in ampaloocan is 39C of 2C

ampebu

avao

Nas ltinas

akati

andaluyong

arikina

ltasig

RueBon ampity

The http$DDwwwdoingbusinessorg site is so cool =ou can learn about the requirements

for registering property etc with cost and estimated time to complete

Transfer Tax -ase

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

8152019 Capital Gain-estate Tax

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 27: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

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In the case Domulo ampan Juan $s Dicardo Castro in his capacity as City -reasurer

o 2ariina City ltKD =o 15 315 dated ecember 05 05gt one of the issues was the

proper computation of the transfer tax base In this case petitioner San Guan conveyed

real properties to a corporation in exchange for its shares of stock +2 Fsing as basis

Section 209 of the Namp San Guan wanted to pay the transfer tax based on the

consideration stated in the eed of ssignment espondent ampastro as the Treasurer

informed him that the tax due is based on the fair market value of the property

ltetitioner ampastro protested the Treasurers computation in writing which the Treasurer

also denied in writing ltetitioner ampastro then filed a ltetition for mandamus and

damages against the Treasurer praying that he be compelled to accept payment of the

transfer tax based on the actual consideration of the transferDassignment

The bone of contention was the proper interpretation of Section 209 of the Namp which

provides$

ldquoamp C-B= 1 -ax on -ranser o Deal roperty wnership (a) -he pro$ince may

impose a tax on the sale donation barter or on any other mode o transerring

ownership or title o real property at the rate o not more than ity percent (L) o the

one percent (1L) o the total consideration in$ol$ed in the ac8uisition o the property or

o the air maret $alue in case the monetary consideration in$ol$ed in the transer is

not substantial whiche$er is higher -he sale transer or other disposition o real

property pursuant to DA =o 335 lt0gt shall be exempt rom this tax xxx+

ltetitioner San Guan took the position that the transfer tax base should be the total

consideration involved because the intention of the law is not to automatically apply the

whichever is higher rule e argued that it is only when there is a monetary

consideration involved and the monetary consideration is not substantial that the tax

rate is based on the higher fair market value is argument was that since he received

shares of stock in exchange for the real properties there was no monetaryconsideration involved in the transfer

AETISEE4T

8152019 Capital Gain-estate Tax

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

8152019 Capital Gain-estate Tax

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

8152019 Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

8152019 Capital Gain-estate Tax

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 28: Capital Gain-estate Tax

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espondent ampastro on the other hand took the position that the transfer tax base

should be the fair market value because it is higher than the monetary consideration

San Guan received in exchange for his real properties ampastro argued that monetary

consideration as used in the Namp does not only pertain to the price or money involved

but also as in the case of donations or barters to the value or monetary equivalent of

what is received by the transferor which in this case ampastro argued to be the par value

of the shares of stock San Guan transferred in exchange for shares of stock

s anticlimactic as this may sound the ampourt did not rule squarely on the correct

computation of the transfer tax base because it held that a ltetition for andamus was

not the correct remedy andamus lies only to compel an officer to perform a ministerial

duty (one which is so clear and specific as to leave no room for the exercise of

discretion in its performance) but not a discretionary function (one which by its nature

requires the exercise of gtudgment)

Sample ampomputation

amponsidering that there is still an issue as to the proper computation of the transfer tax

base I suggest that we not delve into the various interpretations of Section 209 of the

Namp and simply multiply the transfer tax rate by the higher amount between the

consideration paid and the fair market value

Nets take for example a residential condominium in ntipolo with a floor area of 96sqm

and a Selling ltrice (Slt) of lthp36 The existing market value as per Tax eclaration

is currently at lthp 2

Since Slt is higher than the arket Aalue we shall use Slt to compute the transfer tax$

ntipolo ampity Transfer Tax ate$ 659C +that is 59C of 2C

Transfer Tax K 659C x 3666666 K lthp29666

What if you dont agree with the Treasurers computationJ

ssuming you disagree with the tax assessment made by a local treasurer you may file

a written protest thereof pursuant to Section 219 of the Namp which provides$

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 29: Capital Gain-estate Tax

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ldquoamp C-B= 19 rotest o Assessment I Ehen the local treasurer or his duly

authori6ed representati$e inds that the correct taxes ees or charges ha$e not been

paid he shall issue a notice o assessment stating the nature o the tax ee or charge

the amount o deiciency the surcharges interests and penalties Eithin sixty (3) days

rom the receipt o the notice o assessment the taxpayer may ile a written protest with

the local treasurer contesting the assessment otherwise the assessment shall become

inal and executory -he local treasurer shall decide the protest within sixty (3) days

rom the time o its iling B the local treasurer inds the protest to be wholly or partly

meritorious he shall issue a notice cancelling wholly or partially the assessment

Gowe$er i the local treasurer inds the assessment to be wholly or partly correct he

shall deny the protest wholly or partly with notice to the taxpayer -he taxpayer shall

ha$e thirty ( ) days rom the receipt o the denial o the protest or rom the lapse o thesixty4day (3) period prescribed herein within which to appeal with the court o

competent urisdiction otherwise the assessment becomes conclusi$e and

unappealable+

In the case earlier discussed the ltetitioner protested in writing against the assessment

and espondent denied it in writing as well ltetitioner should thus have either$ 2)

appealed the assessment before the court of competent gturisdiction or 3) paid the tax

and then sought a refund

In my view the ltetitioner San Guan could have made another argument that is

assuming that the monetary consideration would be equivalent to the par value of the

stocks (which is still lower than the fair market value) that value is substantial and thus

there is no need for the whichever is higher provision to kick in nyway hopefully this

issue would be decided upon squarely soon as there are really a lot of taxfree

exchanges occurring and we really need guidance on the computation of transfer tax

lterhaps one day a taxpayer and his tax attorneys may decide to bring this issue up until

the Supreme ampourt for a final decision

Taking everything into consideration personally unless the difference in tax that you

need to pay is really significant it would be better to follow the computation of the

Treasurer iling a case in court would require filing fees and fees for tax attorneys not

to mention taking up much of your time If you will not pay the transfer taxes you cannot

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

8152019 Capital Gain-estate Tax

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3356

esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 3656

8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

8152019 Capital Gain-estate Tax

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

8152019 Capital Gain-estate Tax

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4656

Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4956

f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5056

ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5156

o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 30: Capital Gain-estate Tax

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transfer the title to your name and this would lead to problems with your buyer and the

closing of your sale transaction Weigh your options first before heading to battle In real

estate as in everything closing the deal fast is key

What gto 0eed to no (bot Real 9roperty Tax R9Tpdated on uly amp 016 y 7herry 8i Saldua 7astillo 7oents

2984TS4$4-T

eal ltroperty Tax (ltT) is a tax that owners of real property need to pay every year so

that the local government unit (NF) will not auction off their property

There are some investors who buy taxdelinquent real properties and participate in

auctions held by NFs and this is one of the ways one can buy properties at lowprices We also publish schedules and lists of taxdelinquent real properties of different

cities 7 they are classified under the category taxdelinquent properties

What is eal ltroperty TaxJ

eal ltroperty Tax is the tax on real property imposed by the Nocal overnment Fnit

(NF) The legal basis is Title II of the Nocal overnment ampode (Namp) epublic ct

() no 526 The implementing rules and regulations of 526 can be

found here

The ltT for any year shall accrue on the first day of Ganuary and from that date it shall

constitute a lien on the property which shall be superior to any other lien mortgage or

encumbrance of any kind whatever and shall be extinguished only upon payment of the

delinquent tax

If you have prior years delinquencies interests and penalties your ltT payment shall

first be applied to them nce they are settled your tax payment may be credited for thecurrent period

Who should pay the ltT

The owner or administrator of the property

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 31: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

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Where to pay

t the ampity or municipal treasurers office

When to pay

If you choose to pay for one whole year the payment is due on or before Ganuary 02 If

the basic ltT and the additional tax accruing to the Special Education und (SE ) are

paid in advance the sanggunian concerned may grant a discount not exceeding twenty

percent (36C) of the annual tax due Gay wrote about the discount on ltT recently in

his post ow To et 36C iscount on eal ltroperty Taxes

If you choose to pay in installments the four quarterly installments shall be due on or

before the last day of each quarter namely$ arch 02 Gune 06 September 06 andecember 02

In case of failure to pay the basic ltT and other taxes when due the interest at the rate

of two percent (3C) per month shall be imposed on the unpaid amount until fully paid

The maximum number of months is thirtysix (0) months so effectively the maximum

interest rate is seventytwo percent (53C)

ow do you compute real property tax (ltT)J

R9T R9T Rate x (ssessed ale

What are the ltT ratesJ

aximum ltT rates$

Coverage R9T rate

7ities and $unicipalities ithin $etro$anila 3C

Provinces2C

8152019 Capital Gain-estate Tax

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4456

Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 32: Capital Gain-estate Tax

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Special Education und (SE ) 7 2C

In addition to the basic ltT the NFs may levy and collect an annual tax of one

percent (2C) which shall accrued exclusively to the Special Education und (SE )

d Aalorem Tax on Idle Nands 7 9C

In addition to the basic ltT the NFs may collect a maximum idle land tax is 9C

assessed value of the property

ow do you compute the ssessed AalueJ

(ssessed ale ampair =aret ale x (ssessmentAevel

Sec 211 (l) of the Namp defines air arket Aalue as the price at which a property may

be sold by a seller who is not compelled to sell and bought by a buyer who is notcompelled to buy In practice however the air arket Aalue is based on the

assessment of the municipal or city assessor as written in the Tax eclaration

The ssessment Nevel shall be fixed through ordinances of the Sangguniang

ltanlalawigan Sangguniang ltanglungsod or the Sangguniang ltambayan of the

municipality within the etro anila area To get this data look for the tax rdinance of

the city or municipality where your property is located

aximum ssessment Nevel rates

I Nand

Class (ssessment Aevel

8152019 Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

8152019 Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

8152019 Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 33: Capital Gain-estate Tax

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esidential36C

Tierland36C

2gricultural86C

7oercial96C

ndustrial96C

$ineral96C

7

II -uilding and ther Structures

2 esidential

amp= Over t 0ot Over (ssessment Aevel

666 25966666 6C

25966666 06666666 26C

06666666 96666666 36C

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 34: Capital Gain-estate Tax

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96666666 59666666 39C

59666666 266666666 06C

266666666 366666666 09C

366666666 966666666 86C

966666666 2666666666 96C

2666666666 6C

7

3 gricultural

amp= Over t 0ot Over (ssessment Aevel

06666666 39C

06666666 96666666 06C

96666666 59666666 09C

59666666 266666666 86C

266666666 366666666 89C

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 35: Capital Gain-estate Tax

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366666666 96C

7

AETISEE4T

0 ampommercialDIndustrial

amp= Over t 0ot Over (ssessment Aevel

06666666 06C

06666666 96666666 09C

96666666 59666666 86C

59666666 266666666 96C

266666666 366666666 6C

366666666 966666666 56C

966666666 2666666666 59C

2666666666 6C

7

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4856

What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 36: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

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8 Timberland

amp= Over t 0ot Over (ssessment Aevel

06666666 89C

06666666 96666666 96C

96666666 59666666 99C

59666666 266666666 6C

266666666 366666666 9C

366666666 56C

7

II achineries

Class (ssessment Aevel

2gricultural86C

esidential96C

7oercial6C

8152019 Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

8152019 Capital Gain-estate Tax

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4856

What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 37: Capital Gain-estate Tax

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ndustrial6C

Sample ampomputation

ata8

(ctal se o property8 esidential

Aocation8 ampity within etro anila

amp= per assessorBs oicer based on Tax eclaration 8

Nand 7 lt096666

Improvement 7 lt096666

(ssessment Aevel or Aand8 36C

(ssessment Aevel or Improvement8 36C

Note -he assessment le$els are ixed through ordinances o the ampangguniang

anlalawigan ampangguniang anglungsod or the ampangguniang ambayan o the

municipality within the 2etro 2anila area Ee will be using the maximum rates or

sample computation purposes

Comptation

(ssessed ale o Aand lt096666 x 36C K lt56666

(ssessed ale o Improvement lt096666 x 36C K lt56666

asic Real 9roperty Tax or Aand and Improvement

K (lt56666 M lt56666) x 3C K lt366

pecial Edcation ampnd Eamp or Aand and Improvement (lt56666 M lt56666) x

2C K lt2866

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 38: Capital Gain-estate Tax

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Special amplasses of eal ltroperty

ll lands buildings and other improvements thereon actually directly and exclusi$ely

used for hospitals cultural or scientific purposes and those owned and used by local

water districts and governmentowned or controlled corporations rendering essentialpublic services in the supply and distribution of water andDor generation and

transmission of electric power

What are the assessment levels for special classes of real propertyJ

(ctal Use (ssessmentAevel

7ultural29C

Scientic29C

Hospital29C

ocal ater districts26C

Aovernent oned or controlledcorporations engaged in the supply

and distriution of ater and orgeneration and transission of

electric poer

26C

What are Idle NandsJ

2 gricultural lands more than one (2) hectare in area suitable for cultivation dairying

inland fishery and other agricultural uses of which remain uncultivated or

unimproved

Exceptions

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 39: Capital Gain-estate Tax

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i Aands planted to permanent or perennial crops ith at least 6 trees to a

hectare and

ii Aands sed or graDing prposes 0ote8 pt goats or cos on yor property

3 Nands ther than gricultural located in a city or municipality more than 2666 sqm

in area of which remain unutiliBed or unimproved

7 Residential lots in sbdivisions4 regardless o land areaonation(s (n Estate 9lanning Tool ( iscssion on onorBs Tax

pdated on uly amp 016 y 7herry 8i Saldua 7astillo 1 7oents

2984TS4$4-T

-he donation o properties can be used as a tool or estate planning ne ust needs

to be aware that donations are subect to donorrsquos tax Dead this to ind out how much

donorrsquos tax you need to pay when donating a property as part o estate planning

eal property gtust like any other material possession may not be brought to the

afterlife =ou need to transfer property sooner or later Fsually however the transfer of

property prior to death is a taboo subgtect so many end up dealing with property transfer

problems only after a person has died It is always good to be prepared since we will allsurely die 7 there is simply no escaping it so might as well prepare for the inevitable

onation of properties are subgtect to donors tax

Why donate your properties prior to deathJ

8152019 Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4956

f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5156

o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 40: Capital Gain-estate Tax

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onation may be considered as an estate planning tool because you are able to

transfer your properties prior to death little by little every year and therefore you can

take advantage of the graduated donors tax rates If you have a lot of properties at the

time of death the estate tax would be higher because the total amount of the

properties will probably fall under a higher tax range

MB you want to learn more about estate tax (the tax that needs to be paid ater death)

read this eath Deal state and state -ax

n another note it is usually the case that the family spends a lot for medical care prior

to death and because of this the familys cash reserves are depleted If the family is

not liquid and they need to pay the estate tax within six months from the time of death

many times the family is forced to sell their properties below market value because theyare under time pressure It is during these pressure points that many investors are able

to buy good properties at a good price I dont want to view it as taking advantage of the

misfortune of others 7 rather I want to think of it as the investors helping the family

solve their cash problem If no one bought the property the family would be in a worse

situation

nother problem that may arise upon death is that the children or heirs will be fighting

each other for their rightful share of the deceaseds property I dont think any parentwould want their loved ones to be fighting over money or property If the properties are

already distributed as agreed upon by all parties prior to death then this problem may

be alleviated

Nastly I believe that a person who already thought in advance of the transfer of

properties prior to death and actually had no more significant properties to transfer

upon death would be at peace upon death because heDshe did not leave problems to

hisDher family ealing with grief is hard enough it would be difficult to deal with thenittygritty taxes and whatnot during a most stressful time

f course there are downsides to donation too 7 Who shall control the propertiesJ Who

gets the fruitsDrental incomeJ etcU etcU These may be answered by trusts and other

legal documents -ut for now lets deal with straightforward donation

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

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Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

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-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

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2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

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3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 41: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

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What is onors TaxJ

onors tax is imposed on tax on the transfer by any person resident or nonresident of

a property by gift or an overview on donors tax please check the -I website The

legal basis for donors tax may be found in Sec 1 to Sec 268 of the 4ational Internalevenue ampode (4Iamp) (aka the Tax ampode) ampheck also the onors and Estate Tax

egulations (-I evenue egulations 4o 33660) and evenue emorandum rder

() 4o 21

What is the tax baseJ

The donors tax base shall be the total value of the net gifts during the taxable year The

value of the net gifts shall be based on the air maret $alue (2H) o the gits at the

time o donation In case of real property the tax base shall be the -I Lonal Aalue or

A per Tax eclaration whichever is higher If there is no Lonal Aalue the tax base

shall be the A based on the latest tax declaration If there is an improvement (like a

house or a building) the A of the improvement shall be the construction cost based

on the building permit andDor occupancy permit plus 26C per year after the year of

construction or the A based on the latest tax declaration

The term ldquonet git+ for purposes of donors tax pertains to the net economic benefit

which the done gets from the transfer Thus if a property encumbered with a mortgage

is transferred as a gift but the donee is required to pay the mortgage then the net gift

is computed by deducting the amount of mortgage assumed by the donee from the fair

market value of the property given as a gift

If you donate on different dates within a year a donors tax return shall be filed for each

date of donation and the donors tax base shall be based on the accumulated

donations for the current calendar year (Ganuary 2 to ecember 02) Thus the more

gifts you make within a calendar year the higher the probability that the donors tax willfall on a higher tax bracket 4ote though that donors tax previously paid on previous

donations shall be deducted from the donors tax payable The good news here is that

you will get a fresh start for each year and effectively you can donate lt266666 in cash

or in kind at Bero donors tax

8152019 Capital Gain-estate Tax

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=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4356

quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4456

Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4556

-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4756

When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

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What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

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f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

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ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

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o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

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be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

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Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

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If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 42: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4256

=ou may even donate cash which the donee can use to purchase property so the

property can be in the name of the donee or example a parent can donate cash for

installment payments of property so that the property may be declared in their childs

name since the child cannot purchase directly without a source of income

ltlease note that in case of donation to relatives (not strangers) only one return shall be

filed for several giftsDdonations by the donor (the one giving the donation) to the different

donees (those receiving the donation) on the same date If the giftDdonation involves

congtugal or community property each spouse shall file a separate return for their

respective shares in the said property

eemed ift

If you purchased a property below its fair market value ( A) the difference between

the A and the selling price shall be deemed a gift of the seller subgtect to donors tax

This is also called a transfer for less than adequate consideration

Exemptions from onors Tax

2 owries or gifts made on account of marriage and before its celebration or within one

year thereafter by parents to each of their legitimate recogniBed natural or adopted

children to the extent of the first Ten thousand pesos (lt26666)P3 ifts made to or for the use of the 4ational overnment or any entity created by any of

its agencies which is not conducted for profit or to any political subdivision of the said

overnmentP and

0 ifts in favor of an educational andDor charitable religious cultural or social welfare

corporation institution accredited nongovernment organiBation trust or philanthropic

organiBation or research institution or organiBation provided however That not more than

thirty percent (06C) of said gifts shall be used by such donee for administration purposes

-ased on the -I website the following are likewise exempt from donors tax$

2 Encumbrances on the property donated if assumed by the donee in the deed of donation

3 onations made to the following entities as exempted under special laws$

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4356

quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4456

Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4556

-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4656

Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4756

When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4856

What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4956

f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5056

ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5156

o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 43: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

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quaculture epartment of the Southeast sian isheries evelopment ampenter of the

lthilippines

evelopment cademy of the lthilippines

Integrated -ar of the lthilippines

International ice esearch Institute

4ational Social ction ampouncil

amon agsaysay oundation

lthilippine Inventors ampommission

lthilippine merican ampultural oundation

Task orce on uman Settlement on the donation of equipment materials and services

What are the onors Tax ratesJ

The donors tax rate will be based on the law prevailing at the time o donation

or donations made on Ganuary 2 211 up to the present if the donee is a stranger

the donorBs tax rate is thirty percent 76

stranger is a person who is not a brother sister (whether by whole or halfblood)

spouse ancestor and lineal descendant or a relative by consanguinity in the collateral

line within the fourth degree of relationship This gtust means you are related by blood

and you count the degree by going up first to the person who connects you then go

down

AETISEE4T

or example your first cousin is within the fourth degree =ou go up to your dad (2

degree) then up to your lolo (2 degree) then go down to your uncle who is your

dads brother (2 degree) then down to your first cousin (2 degree) so 8 degrees in all

4ote that a child who is legally adopted is not considered a stranger onations

between corporations or from an individual to a corporation shall be considered as

donations to a stranger

If the donee is not a stranger the donors tax rate based on the net gifts are as follows$

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4456

Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4556

-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

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Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

8152019 Capital Gain-estate Tax

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When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4856

What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4956

f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5056

ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5156

o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 44: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4456

Over t not over The tax shallbe

9ls O the excessover

6 266666 Exempt

266666 366666 6 3C 266666

366666 966666 3666 8C 366666

966666 2666666 28666 C 966666

2666666 0666666 88666 C 2666666

0666666 9666666 368666 26C 0666666

9666666 26666666 868666 23C 9666666

26666666 2668666 29C 26666666

Who should pay

The donor or the transferor for less than adequate consideration

When to pay

Within thirty (06) days after the date the gift is made If more than one gift or donation is

made within one year a separate return should be filed for each giftDdonation within

thirty (06) days after the date the gift is made

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4556

-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4656

Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4756

When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4856

What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4956

f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5056

ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5156

o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 45: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4556

-I orm to be used

-I orm 4o 266 (onors Tax eturn)

Where to file and payD iling procedure

ltrepare three copies of the donors tax return (two copies shall be for the -I and one

copy shall be for the taxpayer) and file them with any uthoriBed gent -ank (-) of

the evenue istrict ffice () having gturisdiction over the place of the domicile of

the donor (that is where the donor lives) at the time of the transfer

In places where there are no - the return will be filed directly with the evenue

ampollection fficer or duly uthoriBed ampity or unicipal Treasurer where the donor was

domiciled at the time of the transfer If the donor has no legal residence in thelthilippines file the return with evenue istrict 4o 01 7 South RueBon ampity (this is

along RueBon venue with a -lt branch at the ground floor)

In the case of gifts made by a nonresident alien (that is not a ilipino citiBen) the

return may be filed with evenue istrict 4o 01 7 South RueBon ampity or with the

lthilippine Embassy or amponsulate in the country where donor is domiciled at the time of

the transfer

ltenalties for late payment

Same as other taxes 39C surcharge plus 36C interest per year (under Secs 38 and

381 of the Tax ampode respectively) If there is fraud the surcharge shall be 96C =ou

may also pay compromise penalties in lieu of imprisonment (click on the link for

the schedule of compromise penalties )

ocumentary requirements

-ased on the -I website the following requirements must be submitted before the Tax

amplearance ampertificateDampertificate uthoriBing egistration (that is the document required

for the title to be transferred) can be released$

1 9eed of 9onation

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4656

Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4756

When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4856

What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4956

f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5056

ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5156

o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 46: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4656

Sorn Stateent of the relationship of the donor to the donee

Proof of ta creditamp if applicale

6 7ertied true copy(ies) of the gtriginal Transfer 7ondoiniu 7erticate of Title

(front and acB ) of lot and or iproveent donatedamp if applicale

5 7ertied true copy(ies) of the latest Ta 9eclaration (front and acB pages) of lotand or iproveentamp if applicale

lt7erticate of -o proveentG issued y the 2ssessorIs oJce here theproperties have no declared iproveentamp if applicale

+ Proof of valuation of shares of stocBs at the tie of donationamp if applicale

KFor listed stocBs L nespaper clippings or certication issued y the StocB

4change as to the par value per share

KFor unlisted stocBs L latest audited Financial Stateents of the issuingcorporation ith coputation of the ooB value per share

Proof of valuation of other types of personal propertiesamp if applicale

Proof of claied deductionsamp if applicale

10

7opy of Ta 9eit $eo used as payentamp if applicale

dditional requirements may be requested for presentation during audit of the tax case

depending upon existing audit procedures

eath4 Real Estate4 and Estate Tax

pdated on 2pril 6amp 015 y 7herry 8i Saldua 7astillo 6+ 7oents

2984TS4$4-T

The topic of death is usually taboo on ordinary days except the start of 4ovember when

we remember our dead on ll Saints and ll Souls ay or when we are gtolted by the

death of a close friend or relative We must accept though that we will all die 7 it is gtust

a matter of time With death estate taxes must be settled and we will discuss this here

In times of death we still need to pay our taxes

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4756

When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4856

What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4956

f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5056

ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5156

o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 47: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4756

When someone passes away loved ones left behind are usually overwhelmed with

emotions and are unable to do anything I know this from experience -ut there are

certain things that need to be done and someones got to do them Someone has to

arrange for the embalming the wake the casket the interment or cremation the burial

plot (incidentally there are a lot o oreclosed memorial lots) and the gravestone among

others

nd of course someone has to take care of the estate tax

0ote8 or the rest of this article we will use the terms decedent or deceased person

to refer to the person who died

(t ( Glance +show

What is Estate TaxJ

Estate tax is imposed on the transfer of the net estate4 which is the difference between

the gross estate (as defined under Section 9 of the Tax ampode) and allowable

deductions (under Section ) of the decedent Estate tax rates are graduated and

depend on the net estate amount

=et state N Kross state ndash eductions

eal property may not be transferred from the decedent to his or her heirs without the

filing of the estate tax return and payment of the estate tax 4onpayment of estate tax

is common and this brings about many problems when the properties need to be

transferred to the names of buyers

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4856

What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4956

f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5056

ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5156

o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 48: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4856

What to do when someone has died

Estate taxwise these are the things that need to be done$

2 ile a 4otice of eath with the -ureau of Internal evenue ithin to months after thedate of death This is applicable when the gross value of the estate exceeds lt3666666

This should be filed by the executor or administrator of the estate or any of the legal heirs

It shall be filed with the where the decedent was domiciled at the time of his death

There is no specific format

3 et a Tax Identification 4umber (TI4) for the Estate of the deceased person by

using -I orm 4o 2162 Fse this TI4 when filing the Estate Tax eturn (-I orm 4o

262)

0 ltrepare the list of assets and liabilities of the decedent et the fair market values of theproperties at the time of death

8 ltrepare the supporting documents for the assets and liabilities as well as the

deductions you are going to take =ou will need these for the estate tax computation and

as attachments to the Estate Tax eturn

a ampertified true copy of the eath ampertificate

b 4otice of eath duly received by the -I if gross estate exceeds lt36666 for

deaths occurring on or after Gan 2 211P or if the gross estate exceeds lt0666 for

deaths occurring prior to Ganuary 2 211c ny of the following$

eed of ExtraGudicial Settlement of the Estate if the estate is settled

extra gtudicially (sample forms may be found here and here )

ampourt rdersDecision if the estate is settled gtudiciallyP

ffidavit of Selfdgtudication (sample here ) and Sworn eclaration of all

properties of the Estate

certified true copy of the schedule of partition of the estate and the

order of the court approving the same if applicable

d ampertified true copy(ies) of the TransferDriginalDampondominium ampertificate of

Title(s) of real property(ies) (front and back pages) if applicable

e ampertified true copy of the latest Tax eclaration of real properties at the time of

death if applicable

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4956

f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5056

ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5156

o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 49: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 4956

f ampertificate of 4o Improvement issued by the ssessors ffice declared

properties have no declared improvement or Sworn eclarationDffidavit of 4o

Improvement by at least one (2) of the transferees

g ampertificate of epositDInvestmentDIndebtedness owned by the decedent and the

surviving spouse if applicable

h lthotocopy of ampertificate of egistration of vehicles and other proofs showing the

correct value of the same if applicable

i lthoto copy of certificate of stocks if applicable

gt ltroof of valuation of shares of stocks at the time of death if applicable

or listed stocks 7 newspaper clippings or certification from the Stock

Exchange

or unlisted stocks 7 latest audited inancial Statement of issuing

corporation with computation of book value per share

k ltroof of valuation of other types of personal property if applicable

l ltroof of claimed tax credit if applicable

m amplt Statement on the itemiBed assets of the decedent itemiBed deductions from

gross estate and the amount due if the gross value of the estate exceeds two million

pesos if applicable

n ampertification of -arangay ampaptain for claimed amily ome

o uly notariBed ltromissory 4ote for amplaims against the Estate arising fromampontract of Noan

p ccounting of the proceeds of loan contracted within three (0) years prior to

death of the decedent

q ltroof of the claimed ltroperty ltreviously Taxed

r ltroof of claimed Transfer for ltublic Fse

s ampopy of Tax ebit emo used as payment if applicable

3 ampompute the net estate and estate tax

0 ile the Estate Tax eturn and pay the estate taxes8 ollow the procedure for transferring real properties to the name of the heirs (this will be

discussed in a separate post)

9 ollow the procedure for cancellation of the TI4 of the decedent as discussed in Section

23 of evenue egulations 4o 53623 Fse -I orm 4o 2169 for the cancellation of

TI4

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5056

ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5156

o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 50: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5056

ross Estate

ross estate is the value at the time of death of all property real or personal tangible

or intangible wherever situated In the case of a nonresident decedent who at the time

of his death was not a citiBen of the lthilippines only that part of the entire gross estatewhich is situated in the lthilippines shall be included in his taxable estate

The vale o the properties shall be based on their air maret vale amp= as o

the time o death

If the property is a real property the A shall be the higher between the -I Bonal

valuation and A per tax declaration (I paraphrased this)

ltlease also note that also included in the computation of the gross estate are interest or

share in a property transfers in contemplation of death and revocable transfers

The proceeds of life insurance are included in the gross estate unless the beneficiary is

designated as irrevocable)

eductions from gross estate

2 Expenses Nosses Indebtedness and Taxes (ENIT)

a uneral expenses 7 Nowest among$

o ctual funeral expensesP

o 9C of the gross estateP and

o lt36666666

b Gudicial expenses of the testamentary and intestate proceedings

c amplaims against the estate

o t the time the indebtedness was incurred the instrument was duly notariBedP

and

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5156

o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 51: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5156

o If the loan was contracted within three (0) years before the death of the

decedent the administrator or executor shall submit a statement showing the disposition of

the proceeds of the loan

d amplaims of the deceased against insolvent persons

e Fnpaid mortgages etc

3 ltroperty ltreviously Taxed (Aanishing deduction)

3 Transfers for ltublic Fse

o The amount of all bequests legacies devises or transfers to or for the use of the

overnment of the epublic of the lthilippines or any political subdivision thereof for

exclusively public purposes8 amily ome

o air arket Aalue of the amily ome or lt2 million whichever is lower

o s a condition for the exemption or deduction said family home must have been

the decedents family home as certified by the barangay captain of the locality

9 Standard eduction 7 lt2 million (no substantiation needed)

edical Expenses

o edical expenses incurred by the decedent within one (2) year prior to his death

which shall be duly substantiated with receiptso aximum$ lt96666666

5 mount received by heirs under 8125 (retirement benefits of employees of private

firms)

5 Share in the ampongtugal ltroperty

The net share of the surviving spouse in the congtugal partnership property as

diminished by the obligations properly chargeable to such property

What are the Estate Tax ratesJ

The estate tax rates depend on the date of death or those who died on Ganuary 2

211 and onwards the following are the estate tax rates based on the net estate$

Over But not over The tax shall Plus Of the

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 52: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5256

be excess over

0 00amp000 4ept

00amp000 500amp000 0 5 00amp000

500amp000 amp000amp000 15amp000 500amp000

amp000amp000 5amp000amp000 15amp000 11 amp000amp000

5amp000amp000 10amp000amp000 6 5amp000 15 5amp000amp000

10amp000amp000 2nd gtver 1amp15amp000 0 10amp000amp000

AETISEE4T

If the decedent died between Guly 3 2113 to ecember 02 2115 the following are the

applicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 3666666 6C

lt36666666 96666666 9C lt 36666666

96666666 366666666 lt 2966666 C 96666666

366666666 966666666 20966666 23C 366666666

966666666 2666666666 81966666 32C 966666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 53: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5356

2666666666 298966666 09C 2666666666

If the decedent died between Ganuary 2 2150 and Guly 35 2113 the following are theapplicable estate tax rates based on the net estate amount$

Over t not Over The Taxhall be

9lsO the Excess

Over

lt 266666 Exempt

lt 2666666 9666666 0C lt 2666666

9666666 5966666 lt 236666 8C 9666666

59666666 26666666 336666 9C 5966666

26666666 29666666 089666 26C 26666666

29666666 36666666 89666 29C 29666666

36666666 06666666 2919666 36C 36666666

06666666 86666666 0919666 39C 06666666

86666666 96666666 619666 06C 86666666

96666666 3966666 1619666 09C 96666666

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 54: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5456

3966666 59666666 20856666 86C 3966666

59666666 5966666 2856666 89C 59666666

5966666 266666666 38619666 96C 5966666

266666666 366666666 06089666 90C 266666666

366666666 066666666 0089666 9C 366666666

066666666 201089666 6C 066666666

If the decedent died between September 29 2196 to ecember 02 2153 the following

are the applicable estate tax rates based on the net estate amount$

amprom To ET(TE I0$ERIT(0CE

966666 6 966666 Exempt Exempt

566666 966666 2366666 26C 3V

266666 2366666 0666666 36C 8C

3666666 0666666 9666666 39C C

0666666 9666666 5666666 06C C

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 55: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5556

Sample computations

ltlease refer to -I evenue egulations 4o 33660 for sample computations

When is an Estate Tax return required to be filedJ

When the gross value of the estate exceeds lt366666 (though exempt from tax)P or

egardless of the gross value of the estate where the said estate consists of registered

or registrable property such as real property motor vehicle shares of stock or other similar

property for which a clearance rom the BD is re8uired as a condition precedent for the

transfer or ownership thereof in the name of the transferee

When to file and pay

Within six () months from the decedents deathP

Fnless an extension of time is requested in cases where the payment of the tax will

result in undue hardship on the heirs

4ot to exceed 9 years in case the estate is settled through the courtsP

4ot to exceed 3 years in case the estate is settled extragtudicially

ltenalties for late payment

The penalties shall include 39C surcharge and 36C interest per year (Fnder Secs 38

and 381 respectively) If fraud is involved the surcharge shall be 96C =ou may also

pay compromise penalties in lieu of imprisonment which can be viewed at the -Is

website through the following link$ chedle o compromise penalties

-I orm to be used

-I orm 4o 262 (Estate Tax eturn)

Where to file

The uthoriBed gent -ank (-) evenue istrict fficer () or duly authoriBed

Treasurer of the city or municipality where the decedent was domiciled at the time o his

death P or

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262

Page 56: Capital Gain-estate Tax

8152019 Capital Gain-estate Tax

httpslidepdfcomreaderfullcapital-gain-estate-tax 5656

If there be no legal residence in the lthilippines with the ffice of the ampommissioner

ow to et -I ampertificate uthoriBing egistration (amp)

The egistry of eeds will not allow you to transfer the title of real properties of adeceased person if there is no -I amp ltlease make sure that you have the

documents as enumerated in the amphecklist of ocumentary equirements (amp) for

Estate Tax which can be found in nnex and 2 of evenue emorandum rder

() 4o 2960 (see pages 5 to 1)

To help you determine the computation for the estate tax due you may refer to

the 4ETT (neTime Transaction) ampomputation Sheet in nnex -0 (pages 2 and

25) also of 4o 2960 ltlease also check the sample computations in -I 4o

33660 and -I orm 4o 262