1 Land Transfer Services

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The key takeaways are the 6 steps involved in transferring land title in the Philippines and the typical expenses paid by the buyer and seller.

The 6 steps involved in transferring land title are: 1) Filing documentary requirements, 2) Securing tax assessment, 3) Obtaining BIR clearance, 4) Paying taxes and securing tax clearance, 5) Registering at the Registry of Deeds, and 6) Obtaining a new tax declaration.

Documents required include deed of sale, TCT, tax declarations, CAR, tax receipts, etc. and vary depending on the step and situation.

These are the steps for transferring a land title:

1. File and secure the documentary requirements at the Bureau of Internal


Revenue Regional District Office (BIR RDO)

These are the documents you need to have on hand:

Original copy of the notarized Deed of Absolute Sale (DAS), plus two
photocopies

Owners duplicate copy of the Transfer Certificate of Title (TCT) or the


Condominium Certificate of Title (CCT) in case of sale of condominium units,
plus two photocopies

Certified True Copies of the latest Tax Declaration for land and improvement
of the real property plus two photocopies. If the property sold is a vacant lot or
no improvements have been made on it, a Sworn Declaration of No
Improvement by at least one of the transferees or Certificate of No
Improvement issued by the city or municipal assessor

Tax Identification Numbers (TIN) of the Seller and Buyer

In some cases, additional requirements may need to be submitted, including the


following:

Special Power of Attorney (SPA), if the person signing on the document is not
the owner as it appears on the TCT or CCT

Certification of the Philippine Consulate if the SPA is executed abroad

Location plan or vicinity map if zonal value cannot readily be determined from
the documents submitted

Such other requirements as may be required by law, rulings, regulations, or


other issuances

For documents required in case of mortgage, judicial or extra-judicial


settlement of estate, judicial and extra-judicial foreclosure of mortgage,
consolidation of ownership, execution sale, and condominium project, please
refer to Documentary Requirements for the Registration of Real Property with
the Register of Deeds

2. Secure assessment of transfer taxes at the BIR and Authorized Agent Bank
(AAB) or Municipal or City Treasurers Office

After filing your documentary requirements, a BIR representative will calculate your
Capital Gains Tax (CGT) and Documentary Stamp Tax (DST), after which they will
ask you to sign three copies each of the BIR Form 1706 (CGT) and BIR Form 2000
(DST). These will have to be filed at AAB. For areas where there are no AABs, they
will be filed with the Authorized City or Municipal Treasurer.
3. File documents at the BIR for the issuance of Certificate Authorizing
Registration (CAR) or BIR Clearance

You will receive a claim slip with the claim date of the CAR, which will be released
along with the following documents:

Original copy of the Deed of Absolute Sale stamped as received by the BIR

Owners Duplicate Copy of the TCT or the CCT

Original copies of the BIR Form 1706 (CGT) and Form 2000 (DST) stamped
as received by the BIR

Copies of the Tax Declaration for land and improvement

According to BIR Memorandum Order No. 15-03, BIR RDOs should release CARs
for all One Time Transaction (ONETT) within five days of submitting all documentary
requirements.

4. Pay the Transfer Taxes and secure the Tax Clearance at the Local Treasurers
Office

Aside from paying the Transfer Tax, you also need to produce the following
documents for the issuance of the Tax Clearance:

Original and one photocopy of the Deed of Absolute Sale

Photocopy of the Tax Declaration

Official Receipt of Payment of Real Property Tax and Special Education Fund
Tax for the current year

5. File documents at the Registry of Deeds for the issuance of new land title

The new Owners Duplicate copy of the TCT and CCT in your name will be released
once you have presented all of the following documents:

Original Copy of the Deed of Absolute Sale stamped as received by the BIR,
plus three photocopies

Sellers Owners Duplicate Copy of the TCT or CCT

Original Copy of the CAR

Original Copy of the Tax Clearance

Original Copies of Official Receipts of Payments of CGT, DST, Tax Clearance


Certificate, and Transfer Fee

Original Copies of the Current Tax Declaration for land and improvement
issued by the local assessors office
If the seller or buyer is a corporation, submit the following requirements: (a)
Secretarys Certificate authorizing the sale of the real property; and (b)
Certified True Copy of the Articles of Incorporation and By Laws of the seller
or buyer corporation

6. File documents at the Municipal or Provincial Assessors Office for the


issuance of new Tax Declaration

For the release of the new Tax Declaration, you need to present the following
documents:

Photocopy of the Deed of Absolute Sale

Photocopy of the TCT or the CCT

Photocopy of the CAR

Photocopy of the Transfer Tax Receipt

Photocopy of the latest Tax Receipt or Tax Clearance

Some local assessors offices, such as that of Makati City, require these additional
documents: (a) Subdivision Plan, if lot is subdivided; and (b) Full-color photos of the
house, lot, or condominium unit

It is important to note that the last step is often missed out. Transferring ownership of
a Tax Declaration should always be done after Land Title Transfer as the name on
the Land Title should coincide with the name indicated on the Tax Declaration.

These steps will require you to go back and forth between multiple government
agencies. In addition, the whole procedure could take several months to complete,
more so if there are problems with the propertys existing documents or records. The
process might also require constant follow-ups with the government agencies, and
sometimes it is necessary to personally visit the respective agencies to follow up and
speed up the process.

If accomplishing these tasks personally is not possible for you, then it would be wise
to look for someone, a duly registered company preferably, who has expertise in this
matter. Remember, you must transfer ownership immediately after buying a property
to avoid encountering problems later on and paying a huge penalty for late transfer.

This is the standard sharing of expenses between the buyer and the seller when
transferring the real estate property title (TCT - Transfer Certificate of Title or CCT -
Condominium Certificate of Title) to a new owner:

The SELLER pays for the:

Capital Gains Tax equivalent to 6% of the selling price on the Deed of Sale or
the zonal value, whichever is higher. (Withholding Tax if the seller is a
corporation)

Unpaid real estate taxes due (if any).


Agent / Broker's commission.

The BUYER pays for the cost of Registration:

Documentary Stamp Tax - 1.5% of the selling price or zonal value or


fair market value, which ever is higher.

Transfer Tax - 0.5% of the selling price, or zonal value or fair market value,
which ever is higher.

Registration Fee - 0.25% of the selling price, or zonal value or fair market
value, which ever is higher.

Incidental and miscellaneous expenses incurred during the registration


process.

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