1 Land Transfer Services
1 Land Transfer Services
1 Land Transfer Services
Original copy of the notarized Deed of Absolute Sale (DAS), 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
Special Power of Attorney (SPA), if the person signing on the document is not
the owner as it appears on the TCT or CCT
Location plan or vicinity map if zonal value cannot readily be determined from
the documents submitted
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
Original copies of the BIR Form 1706 (CGT) and Form 2000 (DST) stamped
as received by the BIR
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:
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
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
For the release of the new Tax Declaration, you need to present the following
documents:
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:
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)
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.