Need help on Land Title

[ofw_cebu]

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Murag mapadako imo mabayran na tax through donation mas maayo transfer through sale na lang as suggested by mojojojo

[mojojojo2010]

Murag mapadako imo mabayran na tax through donation mas maayo transfer through sale na lang as suggested by mojojojo

ofw_cebu is right. Register of Deeds made some changes regarding donations para to discourage sa mga ganahan mo transfer this way.

transfer through sale is the most practical and legal way to transfer property faster.

[mojojojo2010]

lamat sa imong input boss.. dili man sad ma-apply ang gitawag ug donation ana sa? like i-donate sa papa ngadto sa iyang mga anak ang land? dugay2x na sad to akong college nga law subject pero ka-remember ko nga dili ma-apply ang donation basta in-ani.. ang donation kay more on sa mga religious sectors or non-profit orgs... sakto ba ko?

puede ra donation but RD made some changes to discourage as from using this form to acquire properties.

Sauna man gud puede ra e donate unya gamay ra bayaran , naka bantay atong government ani na dagko kaayo properties involving land and houses unya 10.00 ra bayaran. Dili cla ka kuarta, wala silay palit og mga yuta og balay para ila, he,he,he.

[King LeBron]

copya mga bossing.. lamat kaayo!!

[aprilkriz]

Guide in Title Transfer of Properties


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
Real estate taxes due up to date of sale.
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% - 0.75 % of 1 % 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.

The above sharing of expenses is the standard practice in the Philippines. However, buyers and sellers can mutually agree on other terms as long as it is done during the negotiation period (before the signing of the "Deed of Sale").

The "Deed of Absolute Sale" is a Legal Document for transfer of real estate property ownership.

The Deed of Absolute Sale is brought to the Bureau of Internal Revenue for the Computation of Capital Gains Tax / Withholding Tax and Documentary Tax . After payment of Taxes.
BIR will issue CAR (Certificate of Authority to Register)
Pay Transfer Fees at City Treasury
Pay Registration Fees at The Registry of Deeds and have Transfer of Ownership officially recorded.
Registry of Deeds issue new Transfer Certificate of Title / or Condominium Certificate of Title.

Your Agent / Broker will usually do the registration process (sometimes for a fee). However, all government taxes, transfer fees and incidental or miscellaneous expenses will be shouldered by the buyer.

Documents needed when transferring the title (TCT or CCT) to the new owner:

Certified true copy of the title / and
Tax clearance
Notarized copies of the Deed of Sale
Certified true copy of Tax declaration of the property
Receipt from Bureau of Internal Revenue that the capital gains tax and documentary stamps have been paid
Certificate of Authority to Register (CAR)
Receipt of payment of the transfer tax and registration fees

An adapted form of the "Torrens" system of land registration is used in the Philippines. The system was adapted to assure a buyer that if he buys a land covered by an Original Certificate of Title (OCT) or the Transfer Certificate of Title (TCT) issued by the Registry of Deeds, the same will be absolute, indefeasible and imprescriptible.

source: Guide in Title Transfer of Properties

[stockings_123]

your gf and her family will have to go through the process of land registration either with the register of deeds or the courts. they will have to prove that since time immemorial, they own the land.

duration depends if na-a mga opposition.

costs --> must take into account the publication expenses and other fees.

[marksacedon.74]

Hi for land titling much better you have a lawyer who can help you with regards to legality...pls find a lawyer who is a friend of your friend...kay mas maau sad nga naa kaila ninyo para dili sad kaau ka madak an sa bayad...sometimes they charge high..

[MrTuthaus]

Hi to all share sad ni nako Steps unsaon pagkuha ug titulo sa yuta, since gipangayo mani nako for free share nalang sad ni nako diri. Thanks

Step 1 ~ Go to a local attorney’s office to get your Deed of Absolute Sale notarized. If you don’t have a DOAS yet, they can make one for you. Fee is usually 1% of the selling price.

Step 2 ~ Go to the Assessor’s Office to get an Affidavit of No Improvement if there is no house built on the property. You will need to bring the Tax Declaration, photocopy of Deed of Absolute Sale and your residence certificate.

Step 3 ~ Go to the Land Tax Division to get an Order of Payment. You’ll need to bring the Tax Declaration and and Land Tax Receipt.
Step 4 ~ Go back to the Assessor’s Office to pay for the Transfer Tax. You’ll need two photocopies of the DOAS and Tax Declaration.

Step 5 ~ Go to the BIR or Bureau of Internal Revenue for payment of Documentary Stamps and Expanded Withholding Tax (EWT). You will need to bring both the original and a photocopy of the Title, Affidavit of No Improvement, Certificate of No Improvement, Tax Declaration, Tax Receipt. This usually takes a month.

Step 6 ~ Go to the Register of Deeds for the proper Registration of Title. You will need to bring original copies of title, DOAS with stamp, doc stamp receipt, EWT Receipt, Tax Clearance, Transfer Tax, Tax Declaration

Step 7 ~ Go back to the Assessor’s Office to request for a new copy of tax declaration of the lot or house and lot under the buyer’s name. You will need to bring photocopy of new title, DOAS, transfrer tax, tax declaration, tax receipt, tax clearance.

[paopao-n-jazz]

Hi,
Firstly, thank you for this thread. It is very informational. BTW. I have a case here about the property of my lola. We are located in the City near USC. My lola is kinda irritated na sa place kay saba and dagko na kayo surrounding structures. She has decided to sell the propert. It is around 200 sq mtr. the problem lang is sa tax payment form, it stated that 1/2 is conjugal property and the 1/2 is divisible of 5 children plus my lola so tag 1/6 bali sila. the problem is...

1. All of them are outside the country. How can we facilitate selling this property with all the division thing?

2. Pwede ra ba i sell ni lola iya share na 1/2 ug 1/6 sa 1/2....

3. Unsaon pag start sa process ani?

4. Modangop na lang kog abogado nga dunay expertise sa brokerage?

5.Pila na kay value dinhi dapita sa USC main atbang nga mga yota?

Tambagi ug tabangi ko...maayo nalang maenjoy pa ang akong lola sa dyotay niyang nahabilin nga property.

Appreciate any inputs/feedback on this matter.

Thank you daan....

[iceman_reman]

Hi,
Firstly, thank you for this thread. It is very informational. BTW. I have a case here about the property of my lola. We are located in the City near USC. My lola is kinda irritated na sa place kay saba and dagko na kayo surrounding structures. She has decided to sell the propert. It is around 200 sq mtr. the problem lang is sa tax payment form, it stated that 1/2 is conjugal property and the 1/2 is divisible of 5 children plus my lola so tag 1/6 bali sila. the problem is...

1. All of them are outside the country. How can we facilitate selling this property with all the division thing?

2. Pwede ra ba i sell ni lola iya share na 1/2 ug 1/6 sa 1/2....

3. Unsaon pag start sa process ani?

4. Modangop na lang kog abogado nga dunay expertise sa brokerage?

5.Pila na kay value dinhi dapita sa USC main atbang nga mga yota?

Tambagi ug tabangi ko...maayo nalang maenjoy pa ang akong lola sa dyotay niyang nahabilin nga property.

Appreciate any inputs/feedback on this matter.

Thank you daan....

Bro, wrong info imong nabasa. that is applicable only for estate tax purposes. buhi p man tawon imong lola.. you should file cgt and dst. pm me lang if naa pa ka pangutana