Documentos de Académico
Documentos de Profesional
Documentos de Cultura
Assessment Levels:
Cultural: 15% Scientific: 15%. Residential: 20%
Agricultural: 40% Commercial: 50% Industrial: 50%
Seller and Buyer’s Responsibilities
Seller’s Responsibility:
1. Income tax, if the property to be sold is an ordinary asset
2. Value-added tax/Percentage tax, if the property to be sold is an
ordinary asset
3. Creditable Withholding Tax, for real properties sold by
habitually engaged real estate sellers
4. Capital Gains Tax, if the property to be sold is a capital asset
5. Documentary Stamp Tax
Buyer’s Responsibility:
1. Transfer Tax
2. Registration Fee
An act amending the National Internal Revenue Code (NIRC),
as amended and for other purposes.
Sec. 6 – NIRC
Power of the Commissioner to make assessments and
prescribe additional requirements for tax administration and
enforcement.
For purposes of computing any internal revenue
tax, the value of the property shall be, whichever is
the higher of:
Provincial/City Assessor
Realtors/Appraisers
BIR
Each will give their recommended values for every section zones of lots located in the city or
municipality, using the Maps of Locations and Actual Inspection of the area. The 1st two (2)
highest recommended values – Add then total divided by 2 equals the final
value.
PUBLIC HEARING
Forward report to the Asset Valuation Division Ass. Service, BIR, Manila for
review and approval.
DEFINITION OF TERMS
Residential – For habitation
Additional requirements may be requested for presentation during audit of the tax case
depending upon existing audit procedures.
Procedures in paying Capital Gain Tax
File the Capital Gains Tax return in triplicate (two copies for the BIR and one copy
for the taxpayer) with the Authorized Agent Bank (AAB) in the Revenue District
where the property is located. In places where there are no AAB, the return will
be filed directly with the Revenue Collection Officer or Authorized City or
Municipal Treasurer.
CGT should be paid within 30 days after each sale, exchange, transfer or other
disposition of real property.
If not stated in the contract, the seller is usually the one who shoulders the CGT.
BASIC PENALTIES FOR LATE FILING AND PAYMENT OF TAXES
25% surcharge on basic tax due
50% surcharge in case of fraud or intent to evade tax
INTEREST 20% per annum based on basic tax due
Capital Gain Tax History
CGT took effect on September 7, 1979
1979 – 1985
Tax Base: Selling Price less Cost of Sales or Expenses = Net Gain
Net Gain First Php100K x 10%
In excess of Php100K x 20%
1986 – 1990
Tax Base: SP or FMV (higher) x 5% = CGT
No CGT for SP: Php500K or FMV: Php300K
Effective Dec. 15, 1990 Zonal Value took effect
Tax Base: SP, FMV or ZV (highest) x 5% = CGT
Jan. 1, 1998 Comprehensive Tax Reform Act/RA 8424
Tax Base: SP, FMV or ZV (highest) x 6% = CGT
1.5% DST – DOCUMENTARY STAMP TAX
It is a tax on documents, instruments, loan agreements
and papers evidencing the acceptance, assignment, sale or
transfer of an obligation, right or property incident thereto.
For filing and payment of DST on sale or transfer of real
property, the form to be used is BIR Form No. 2000-OT
(Documentary Stamp Tax Return/Declaration for One Time
Transactions) in triplicate copy.
The return shall be filed and the tax paid within five (5)
days after the close of the month when the taxable
document was made, signed, issued, accepted or
transferred.
EXERCISE 1
An 800sqm lot with house was sold for Php3.5M. Per tax
declaration, the FMV of the house is Php1.5M and the lot is
Php1.6M. The zonal value of the lot is Php3,500/sqm. The
sale is subject to CGT.
1. Tax Base
a. SP = Php3.5M
b. FMV = Php1.6M + 1.5M = Php3.1M
c. ZV = Php3,500 x 800sqm = Php2.8M + Bldg. Value
Bldg based on SP = Php3.5M-2.8M = Php700K
Bldg based on FMW = Php1.5M
Therefore, ZV = Php2.8M + 1.5M = Php4.3M
2. Capital Gains Tax = Php4.3M x 6% = Php258K
3. Documentary Stamp Tax = Php4.3M x 1.5% = Php64,500
EXERCISE 2
1. Tax Base
a. SP = Php1M
b. FMV = Php500K + 400K = Php900K
c. ZV = Php4,000 x 200sqm = Php800K + Bldg. Value
Bldg based on SP = Php1M-800K = Php200K
Bldg based on FMW = Php400K
Therefore, ZV = Php800K + 400K = Php1.2M
2. Capital Gains Tax = Php1.2M x 6% = Php72,000
3. Documentary Stamp Tax = Php1.2M x 1.5% = Php18,000
4. Broker’s Commission =Php1M x 5% = Php50,000
EXERCISE 3
Kyle got Nick as his broker to sell his house and lot for Php1M offering
Nick at 5% commission of the SP, but Nick requested Kyle that he will
overprice the sale for Php1.2M and he will assume the CGT and DST.
Kyle approved the request happy to receive a net of Php1M having no
problem with taxes and commission. Nick is happily computing his
net commission after deducting CGT and DST based on SP or a total
of Php75K and a net of Php125K instead of Php50K if he choose 5%
commission. But Nick forgot to take into consideration the BIR zonal
value of the lot. When Nick went to BIR office to process the papers
for transfer, this is the computation of the BIR Examiner.
Zonal Value of Lot Php2M
FMV of Lot Php1M
FMV of Building Php500K
EXERCISE 3
Compute for the following:
1. Tax Base
2. Capital Gains Tax
3. Documentary Stamp Tax
4. Broker’s Commission
5. Nick’s Opportunity Loss
ANSWER KEY 3
1. Tax Base
a. SP = Php1M*
b. FMV = Php1M + 500K = Php1.5M
c. ZV = Php2M + Bldg. Value
Bldg based on SP = Php1M-2M = (Php1M)
Bldg based on FMW = Php500K
Therefore, ZV = Php2M + 500K = Php2.5M
2. Capital Gains Tax = Php2.5M x 6% = Php150,000
3. Documentary Stamp Tax = Php2.5M x 1.5% = Php37,500
4. Broker’s Commission = Php200K – (150K + 37.5K) = Php12,500
5. Opportunity Loss = Php1M x 5% = Php50K – 12.5K = Php37,500
Please note that real estate sales that are exempt from
VAT based on the above threshold shall be subject to 3%
percentage tax.
Installment Sale
A sale is considered as cash or deferred payment if the initial
payments in the year of sale, cumulative payments received
during the taxable year, exceed 25% of the gross selling price.
A . Deferred payment/Cash basis
The transaction shall be treated as a cash sale which makes
the entire selling price subject to VAT in the month of sale.
B. Installment basis
Each installment payment actually and/or constructively
received by the seller is subject to VAT.
The monthly VAT return should be filed on or before the 20th day of the following month while the
quarterly VAT return should be filed on or before the 25th day of the following month.
Expanded Withholding Tax
Tax which is withheld by the buyer/withholding agent
from his payment to real estate dealers, developers,
operators and persons or entities who are considered to be
habitually engaged in real estate business, and which tax is
creditable against the income tax payable of the seller.
Expanded Withholding Tax
Under the tax rules, the following are the percentages to be withheld:
Seller Tax rate Threshold