Index for Capital Gains Tax
- Description
- Capital Gains Tax for Onerous Transfer of Real Property Classified as Capital Assets (Taxable and Exempt)
- Capital Gains Tax for Onerous Transfer of Shares of Stocks Not Traded Through the Local Stock Exchange
- Annual Capital Gains Tax for Onerous Transfer of Shares of Stocks Not Traded Through the Local Stock Exchange
- Related Revenue Issuances
- Codal Reference
- Frequently Asked Questions
DESCRIPTION
You are viewing: Who Pays Capital Gains Tax Philippines Buyer Or Seller
Capital Gains Tax is a tax imposed on the gains presumed to have been realized by the seller from the sale, exchange, or other disposition of capital assets located in the Philippines, including pacto de retro sales and other forms of conditional sale.
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CAPITAL GAINS TAX FOR ONEROUS TRANSFER OF REAL PROPERTY CLASSIFIED AS CAPITAL ASSETS (TAXABLE AND EXEMPT)
Tax Form
BIR Form 1706 – Final Capital Gains Tax Return (For Onerous Transfer of Real Property Classified as Capital Assets -Taxable and Exempt)
Documentary Requirements
Processing and Issuance of Approved ONETT Computation Sheet (OCS) of Tax Due On Sale of Real Property
and
Processing and Issuance of Electronic Certificate Authorizing Registration (eCAR) for Sale of Real Property/Shares of Stock
(Where Applicant Computed its Own Tax Due)
Mandatory Requirements:
- TIN of Seller/s and Buyer/s ;(One (1) original copy for presentation only)
- Notarized Deed of Absolute Sale/ Deed of Transfer but only photocopied documents shall be retained by BIR; (One (1) original copy and two (2) photocopies)
- Certified True Copy/ies of the Tax Declaration at the time or nearest to the date of the transaction issued by the Local Assessor’s Office for land and improvement; (One (1) original copy and two (2) photocopies)
- Certified True Copy/ies of Original/ Transfer/ Condominium Certificate/s of Title (OCT/TCT/CCT); (One (1) original copy and two (2) photocopies)
- Duly notarized Special Power of Attorney (SPA) from the transacting party/ies if the person signing is not one of the parties to the Deed of Transfer; (One (1) original copy and two (2) photocopies)
- Sworn Declaration of No Improvement by at least one (1) of the transferees or Certificate of No Improvement issued by the Assessor’s Office, if applicable; (One (1) original copy and two (2) photocopies)
- Official Receipt/Deposit Slip and duly validated return as proofs of payment of taxes; (One (1) original copy and two (2) photocopies)
- Secretary’s Certificate or Board Resolution, approving the sale/transfer of the real property and indicating the name and position of the authorized signatory to the Deed of Sale/Assignment, if the seller/transferor is a corporation. (One (1) original copy and two (2) photocopies)
Other Additional Requirements, if applicable:
- Special Power of Attorney (SPA), if the person transacting/processing the transfer is not a party to the transaction; (One (1) original copy and two (2) photocopies)
- Certification from the Philippine Consulate or Hague Apostille Convention (if executed abroad); (One (1) original copy and two (2) photocopies)
- Location Plan/Vicinity map if zonal value cannot be readily determined from the documents submitted; (One (1) original copy and two (2) photocopies)
- Certificate of Exemption/BIR Ruling issued by the Commissioner of Internal Revenue or his authorized representative, if tax exempt; (One (1) original copy and two (2) photocopies)
- Such other documents as may be required by law/rulings/regulations/etc. (One (1) original copy and two (2) photocopies)
For Antedated Sales
- Certified True Copy of Deed of Sale / Assignment / Exchange issued by the Clerk of Court of City/ Municipality or Regional Trial Court (RTC) or the Office of the Executive Judge of the City/Municipality where the Notary Public is registered or certification of notarization from the National Archives Office. (One (1) original copy and two (2) photocopies)
Processing and Issuance of Electronic Certificate Authorizing Registration (eCAR) for Sale of Real Property
(Where Tax Paid is Based on the Approved ONETT Computation Sheet)
Mandatory Requirements for Simple Transactions:
- Tax Returns filed with proof of payment [Revenue Official Receipt or Duly Validated Bank Deposit Slip with Certification from the Authorized Agent Bank (AAB) which received the tax payment] or Certificate of Tax Exemption; (One (1) original copy and two (2) photocopies)
- ONETT Computation Sheet of Tax Due duly approved by the authorized Revenue Officer; (One (1) original copy and two (2) photocopies)
- Any of the following applicable document if the person presenting is not among the parties to the transaction: (One (1) original copy and two (2) photocopies)
- Notarized Special Power of Attorney;
- Secretary’s Certificate or Board Resolution;
- Certification from the Philippine Consulate or Hague Apostille Convention (if executed abroad).
Procedures
- Who shall file
The Capital Gains Tax Return (BIR Form No. 1706) shall be filed in triplicate copies by the Seller/Transferor who are natural or juridical whether resident or non-resident, including Estates and Trusts, who sell, exchange, or dispose of a real property located in the Philippines classified as capital asset as defined under Sec. 39 (A) (1) of RA No. 8424. The term “sale” includes pacto de retro sale and other forms of conditional sales. The transaction may be taxable or exempt.
Taxpayers who are filing BIR Form No. 1706 are excluded in the mandatory coverage from using the eBIRForms (Section 2 of RR No. 9-2016)
The Capital Gains Tax Return (BIR Form No. 1706) shall be filed and paid within thirty (30) days following the sale, exchange or disposition of real property, with any Authorized Agent Bank (AAB) or Revenue Collection Officer (RCO) of the Revenue District Office (RDO) having jurisdiction over the place where the property being transferred is located.
When the return is filed with an AAB, taxpayer must accomplish and submit BIR-prescribed deposit slip, which the bank teller shall machine validate as evidence that payment was received by the AAB. The AAB receiving the tax return shall stamp mark the word “Received” on the return and also machine validate the return as proof of filing the return and payment of the tax by the taxpayer, respectively. The machine validation shall reflect the date of payment, amount paid and transactions code, the name of the bank, branch code, teller’s code and teller’s initial. Bank debit memo number and date should be indicated in the return for taxpayers paying under the bank debit system.
Filing and payment may also be made using the electronic filing and payment facilities of the BIR (i.e., EFPS/eBIRForms and G-cash, credit, debit card/prepaid card)
For transactions covered by one (1) Deed of Sale/Exchange/Donation involving one (1) to three (3) properties, the taxpayer can avail of the ‘fast lane’ pursuant to Revenue Memorandum Circular (RMC) No. 43-2018, as amended by RMC No. 107-2018. Payments amounting to twenty thousand pesos (P 20,000.00) and below shall be paid in cash while payments above twenty thousand pesos (P 20,000.00) shall be made through Manager’s Check or Cashier’s Check to the RCO of the RDO having jurisdiction over the place where the property being transferred is located.
Tax Rate
For real property – 6%.
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CAPITAL GAINS TAX FOR ONEROUS TRANSFER OF SHARES OF STOCKS NOT TRADED THROUGH THE LOCAL STOCK EXCHANGE
Tax Form
BIR Form 1707 – Capital Gains Tax Return (For Onerous Transfer of Shares of Stocks Not Traded Through the Local Stock Exchange)
Documentary Requirements
Processing and Issuance of Approved ONETT Computation Sheet (OCS) of Tax Due On Sale of Shares of Stocks
and
Processing and Issuance of Electronic Certificate Authorizing Registration (eCAR) for Sale of Shares of Stock
(Where Applicant Computed its Own Tax Due)
Mandatory Requirements:
- TIN of Seller/s and Buyer/s; One (1) original copy for presentation only)
- Notarized Deed of Absolute Sale/Document of Transfer but only photocopied documents shall be retained by BIR; (One (1) original copy and two (2) photocopies)
- Photocopy of stock certificate; (One (1) original copy and two (2) photocopies)
- Proof of acquisition cost (i.e. Deed of Sale; FMV at the time of acquisition); (One (1) original copy and two (2) photocopies)
- Official Receipt/Deposit Slip and duly validated return as proof of payment; (One (1) original copy and two (2) photocopies)
- Duly Notarized Special Power of Attorney (SPA) for the transacting party if the latter is not one of the parties to the Deed of Transfer; (One (1) original copy and two (2) photocopies)
- Secretary’s Certificate or Board Resolution, approving the sale/transfer of the shares of stocks and indicating the name and position of the authorized signatory to the Deed of Sale/Assignment, if the seller/transferor is a corporation. (One (1) original copy and two (2) photocopies)
Other Additional Requirements, if applicable:
- For claiming expenses of sale – Proof of claimed deductions such as official receipt and/or invoices; (One (1) original copy and two (2) photocopies)
- For shares of stocks not listed/not traded – Latest Audited Financial Statement of the issuing corporation with computation of the book value per share; (One (1) original copy and two (2) photocopies)
- For shares of stocks listed/traded – Price index from the PSE/latest FMV published in the newspaper at the time of transaction; (One (1) original copy and two (2) photocopies)
- For club shares – Price published in newspapers on the transaction date or nearest to the transaction date; (One (1) original copy and two (2) photocopies)
- Special Power of Attorney (SPA), if the person transacting/processing the transfer is not a party to the transaction; (One (1) original copy and two (2) photocopies)
- Certificate of Exemption/BIR Ruling issued by the Commissioner of Internal Revenue or his authorized representative, if tax exempt; (One (1) original copy and two (2) photocopies)
- Such other documents as may be required by law/rulings/regulations/etc. (One (1) original copy and two (2) photocopies)
Processing and Issuance of Electronic Certificate Authorizing Registration (eCAR) for Sale of Shares of Stocks
(Where Tax Paid is Based on the Approved ONETT Computation Sheet)
Mandatory Requirements for Simple Transactions:
- Tax Returns filed with proof of payment [Revenue Official Receipt or Duly Validated Bank Deposit Slip with Certification from the Authorized Agent Bank (AAB) which received the tax payment] or Certificate of Tax Exemption; (One (1) original copy and two (2) photocopies)
- ONETT Computation Sheet of Tax Due duly approved by the authorized Revenue Officer; (One (1) original copy and two (2) photocopies)
- Any of the following applicable document if the person presenting is not among the parties to the transaction: (One (1) original copy and two (2) photocopies)
- Notarized Special Power of Attorney;
- Secretary’s Certificate or Board Resolution;
- Certification from the Philippine Consulate or Hague Apostille Convention (if executed abroad).
Procedures
The Capital Gains Tax Return (BIR Form No. 1707) shall be filed in triplicate by every natural or juridical person, resident or non-resident, for sale, barter, exchange or other onerous disposition of shares of stock in a domestic corporation, classified as capital assets, not traded through the local stock exchange.
Taxpayers who are filing BIR Form No. 1707 are excluded in the mandatory coverage from using the eBIRForms (Section 2 of RR No. 9-2016).
The Capital Gains Tax Return (BIR Form No. 1707) shall be filed and paid within thirty (30) days after each sale, barter, exchange or other disposition of shares of stock not traded through the local stock exchange with any Authorized Agent Bank (AAB) under the jurisdiction of the Revenue District Office (RDO) where the seller/transferor is required to register.
When the return is filed with an AAB, taxpayer must accomplish and submit BIR-prescribed deposit slip, which the bank teller shall machine validate as evidence that payment was received by the AAB. The AAB receiving the tax return shall stamp mark the word “Received” on the return and also machine validate the return as proof of filing the return and payment of the tax by the taxpayer, respectively. The machine validation shall reflect the date of payment, amount paid and transactions code, the name of the bank, branch code, teller’s code and teller’s initial. Bank debit memo number and date should be indicated in the return for taxpayers paying under the bank debit system.
Filing and payment may also be made using the electronic filing and payment facilities of the BIR (i.e., EFPS/eBIRForms and G-cash, credit, debit card/prepaid card)
Tax Rates
Current rate
Taxpayer type Tax rate Legal basis Effectivity date
Individual
15%
R.A. No. 10963 or TRAIN Law
January 1, 2018 to present
Domestic Corporation
Foreign Corporation 15%
R.A. No. 11534 or CREATE Law
April 11, 2021 to present
Old rate
Taxpayer type Tax rate Legal basis Effectivity date Individual
Not over ₱100,000.00 – 5%
On any amount in excess of ₱100,000.00 – 10%
R.A. No. 8424 or NIRC of 1997
January 1, 1998 to December 31, 2017
Domestic Corporation Foreign Corporation
January 1, 1998 to April 10, 2021
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ANNUAL CAPITAL GAINS TAX FOR ONEROUS TRANSFER OF SHARES OF STOCKS NOT TRADED THROUGH THE LOCAL STOCK EXCHANGE
Tax Form
BIR Form 1707A – Annual Capital Gains Tax Return (For Onerous Transfer of Shares of Stocks Not Traded Through the Local Stock Exchange)
Procedures
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 seller or transferor of stocks is registered. In places where there are no AAB, the return will be filed directly with the Revenue Collection Officer or Authorized City or Municipal Treasurer.
Tax Rates
Deadline
- For Individual Taxpayers – On or before April 15 of each year covering all stock transactions of the preceding taxable year
- For Corporate Taxpayers – On or before the fifteenth (15) day of the fourth (4th) month following the close of the taxable year covering all transactions of the preceding taxable year
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RELATED REVENUE ISSUANCES
Revenue Regulations (RR) Nos. 2-1998, 8-1998, 4-1999, 13-1999, 7-2003, 17-2003, 30-2003, 4-2008, 6-2008, 5-2009, 6-2013, 6-2014, 11-2018, 2-2021, 5-2021
Revenue Memorandum Order (RMO) No. 15-2003
Revenue Memorandum Circular (RMC) No. 50-2003, 43-2018, 107-2018
OPM-AS-APMD 2017-06-06
OPM-AS-APMD 2017-06-01
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CODAL REFERENCE
- Section 7 of Republic Act (RA) No. 11534 or Corporate Recovery and Tax Incentives for Enterprises Act (CREATE Law) amending Section 28 of the National Internal Revenue Code (NIRC) of 1997, as amended
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FREQUENTLY ASKED QUESTIONS
1.) What is meant by capital asset?
Capital assets shall refer to all real properties held by a taxpayer, whether or not connected with his trade or business, and which are not included among the real properties considered as ordinary assets under Sec. 39(A)(1) of the Code. [Sec. 2(a) of RR No. 7-2003]
2.) What is meant by ordinary asset?
Ordinary assets shall refer to all real properties specifically excluded from the definition of capital assets under Sec. 39(A)(1) of the Code, namely:
- 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 year; or
- Real property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business; or
- Real property used in trade or business (i.e., buildings and/or improvements) of a character which is subject to the allowance for depreciation provided for under Sec. 34(F) of the Code; or
- Real property used in trade or business of the taxpayer.
Real properties acquired by banks through foreclosure sales are considered as ordinary assets. [Sec. 2(b) of RR No. 7-2003]
3.) What is meant by “Stock classified as Capital Asset”?
“Stock Classified as “Capital Asset” means all stocks and securities held by taxpayers other than dealers in securities. [Sec. 2(a) of RR No. 6-2008]
4.) What is meant by “Dealer in Securities”?
“Dealer in Securities” refers to a merchant of stocks or securities, whether an individual, partnership or corporation, with an established place of business, regularly engaged in the purchase of securities and the resale thereof to customers; that is one, who as merchant buys securities and re-sells them to customers with a view to the gains and profits that may be derived therefrom. “Dealer in securities” means any person who buys and sells securities for his/her own account in the ordinary course of business (Sec. 3.4, SRC). [Sec. 2(b) of RR No. 6-2008]
5.) What is meant by real property?
Real property shall have the same meaning attributed to that term under Article 415 of Republic Act No. 386, otherwise known as the Civil Code of the Philippines. [Sec. 2(c) of RR No. 7-2003]
6.) What does a real estate dealer refer to?
A real estate dealer shall refer to any person engaged in the business of buying and selling or exchanging real properties on his own account as a principal and holding himself out as a full or part-time dealer in real estate. [Sec. 2(d) of RR No. 7-2003]
7.) What does a real estate developer refer to?
Real estate developer shall refer to any person engaged in the business of developing real properties into subdivisions, or building houses on subdivided lots, or constructing residential or commercial units, townhouses and other similar units for his own account and offering them for sale or lease. [Sec. 2(e) of RR No. 7-2003]
8.) What does a real estate lessor refer to?
Real estate lessor shall refer to any person engaged in the business of leasing or renting real properties on his own account as a principal and holding himself out as a lessor of real properties being rented out or offered for rent. [Sec. 2(f) of RR No. 7-2003]
9.) Who are considered engaged in the real estate business?
Taxpayers who are considered engaged in the real estate business shall refer collectively to real estate dealers, real estate developers and/or real estate lessors. A taxpayer whose primary purpose of engaging in business, or whose Articles of Incorporation states that its primary purpose is to engage in the real estate business shall be deemed to be engaged in the real estate business. [Sec. 2(g) of RR No. 7-2003]
10.) Who are considered not engaged in the real estate business?
“Taxpayers not engaged in the real estate business” refer to persons other than real estate dealers, real estate developers and/or real estate lessors. [Sec. 2(g) of RR No. 7-2003]
11.) Who are considered habitually engaged in the real estate business?
Real estate dealers or real estate developers who are registered with the Housing and Land Use Regulatory Board (HLURB) or HUDCC. If the taxpayer is not registered with the HLURB or HUDCC as a real estate dealer or developer, he/it may nevertheless be 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 (6) taxable real estate sale transactions, regardless of amount; registration as habitually engaged in real estate business with the Local Government Unit or the Bureau of Internal Revenue, etc.). However, banks shall not be considered as habitually engaged in the real estate business for purposes of determining the applicable rate of withholding tax imposed under Sec. 2.57.2(J) of RR No. 2-98, as amended. [Sec. 3(a) (4) of RR No. 7-2003]
12.) How can you determine whether a particular real property is a capital asset or an ordinary asset?
a) “Real properties shall be classified with respect to taxpayers engaged in the real estate business as follows:
i) All real properties acquired by the real estate dealer shall be considered as ordinary assets.
ii) All real properties acquired by the real estate developer, whether developed or undeveloped as of the time of acquisition, and all real properties which are held by the real estate developer primarily for sale or for lease to customers in the ordinary course of his trade or business or which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year and all real properties used in the trade or business, whether in the form of land, building, or other improvements, shall be considered as ordinary assets.
iii) All real properties of the real estate lessor, whether land, building and/or improvements, which are for lease/rent or being offered for lease/rent, or otherwise for use or being used in the trade or business shall likewise be considered as ordinary assets.
iv) All real properties acquired in the course of trade or business by a taxpayer habitually engaged in the sale of real property shall be considered as ordinary assets. A property purchased for future use in the business, even though this purpose is later thwarted by circumstances beyond the taxpayer’s control, does not lose its character as an ordinary asset. Nor does a mere discontinuance of the active use of the property change its character previously established as a business property.” [Sec. 3(a) of RR No. 7-2003]
b) In the case of taxpayer not engaged in the real estate business, real properties, whether land, building, or other improvements, which are used or being used or have been previously used in trade or business of the taxpayer shall be considered as ordinary assets. [Sec. 3(b) of RR No. 7-2003]
c) In the case of taxpayers who changed its real estate business to a non-real estate business, real properties held by these taxpayers shall remain to be treated as ordinary assets. [Sec. 3(c) of RR No. 7-2003]
d) In the case of taxpayers who originally registered to be engaged in the real estate business but failed to subsequently operate, all real properties acquired by them shall continue to be treated as ordinary assets. [Sec. 3(d) of RR No. 7-2003]
e) Real properties formerly forming part of the stock in trade of a taxpayer engaged in the real estate business, or formerly being used in the trade or business of a taxpayer engaged or not engaged in the real estate business, which were later on abandoned and became idle, shall continue to be treated as ordinary assets. Provided however, that properties classified as ordinary assets for being used in business by a taxpayer engaged in business other than real estate business are automatically converted into capital assets upon showing of proof that the same have not been used in business for more than two (2) years prior to the consummation of the taxable transactions involving said properties. [Sec. 3(e) of RR No. 7-2003]
f) “Real properties classified as capital or ordinary asset in the hands of the seller/transferor may change their character in the hands of the buyer/transferee. The classification of such property in the hands of the buyer/transferee shall be determined in accordance with the following rules:
i) Real property transferred through succession or donation to the heir or donee who is not engaged in the real estate business with respect to the real property inherited or donated, and who does not subsequently use such property in trade or business, shall be considered as a capital asset in the hands of the heir or donee.
ii) Real property received as dividend by the stockholders who are not engaged in the real estate business and who do not subsequently use such real property in trade or business, shall be treated as a capital asset in the hands of the recipients even if the corporation which declared the real property dividends is engaged in real estate business.
iii)The real property received in an exchange shall be treated as ordinary asset in the hands of the transferee in the case of a tax-free exchange by taxpayer not engaged in real estate business to a taxpayer who is engaged in real estate business, or to a taxpayer who, even if not engaged in real estate business, will use in business the property received in the exchange.” [Sec. 3(f) of RR No. 7-2003]
g) In the case of involuntary transfers of real properties, including expropriations or foreclosure sale, the involuntariness of such sale shall have no effect on the classification of such real property in the hands of the involuntary seller, either as capital asset or ordinary asset as the case may be. [Sec. 3(g) of RR No. 7-2003]
13.) What is the basis in the valuation of real property?
The value of the real property will be based on the selling price, fair market value or zonal value as determined by the Commissioner of Internal Revenue or the fair market value as shown in the schedule of values of the Provincial or City Assessor, whichever is higher.
If there is no zonal value, the taxable base shall be the gross selling price per sales documents or the fair market value that appears in the latest tax declaration, whichever is higher.
If there is an improvement, the FMV, based on the latest tax declaration at the time of the sale or disposition, duly certified by the City/Municipal Assessor shall be used. No adjustments shall be added on the said value, provided that the tax declaration bears the upgraded fair market value of the said property pursuant to Section 219 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991 and the last paragraph of the Local Assessment Regulations No. 1-92 dated October 6, 1992.
However, in case the tax declaration presented was issued three (3) or more years prior to the date of sale or disposition of the real property, the seller/transferor shall be required to submit a certification from the City/Municipal Assessor whether or not the same is still the latest tax declaration covering the said real property. Otherwise, the taxpayer shall secure its latest tax declaration and shall submit a copy thereof duly certified by the said Assessor. (RAMO 1-2001)
14.) What is meant by “Net Capital Gains”?
“Net Capital Gains” means the excess of the gains from sales or exchanges of capital assets over the losses from such sales or exchanges. [Sec 2(o) of RR 6-2008]
15.) What are the rules for the determination of amount and recognition of gain or loss in the sale, barter, or exchange of shares of stock not traded through the Local Stock exchange?
A. “Determination of Selling Price. — In determining the selling price, the following rules shall apply:
a.1) In the case of cash sale, the selling price shall be the total consideration per deed of sale.
a.2) If the total consideration of the sale or disposition consists partly in money and partly in kind, the selling price shall be sum of money and the fair market value of the property received.
a.3) In the case of exchange, the selling price shall be the fair market value of the property received.” [Sec. 7 (c) (c.1) RR No. 6-2008]
a.4) “Where property, other than real property referred to in Section 24(D), is transferred for less than an adequate and full consideration in money or money’s worth, then the amount by which the fair market value of the property exceeded the value of the consideration shall be deemed a gift, and shall be included in computing the amount of gifts made during the calendar year: Provided, however, that a sale, exchange, or other transfer of property made in the ordinary course of business (a transaction which is a bona fide, at arm’s length, and free from any donative intent) will be considered as made for an adequate and full consideration in money’s worth.” (Sec. 16, RR No. 12-2018)
B.) Definition of “fair market value” of the Shares of Stock.
b.1) “In the case of listed shares which were sold, transferred or exchanged outside of the trading system and/or facilities of the Local Stock Exchange, the closing price on the day when the shares are sold, transferred, or exchanged. When no sale is made in the Local Stock Exchange on the day when the Listed shares are sold, transferred, or exchanged, the closing price on the day nearest to the date of sale, transfer or exchange of the shares shall be the fair market value.” [Sec. 7 (c.2.1) RR No. 6-2008]
b.2) “In the case of shares of stock not listed and traded in the local stock exchanges, the value of the shares of stock at the time of sale shall be the fair market value. In determining the value of the shares, the Adjusted Net Asset Method shall be used whereby all assets and liabilities are adjusted to fair market values. The net of adjusted asset minus the liability values is the indicated value of the equity.
The appraised value of real property at the time of sale shall be the higher of –
1. The fair market value as determined by the Commissioner of Internal Revenue, or2. The fair market value as shown in the schedule of valued fixed by the Provincial and City Assessors, or3. The fair market value as determined by Independent Appraiser.” (Sec. 2, RR No. 6-2013)
b.3) In the case of a unit of participation in any association, recreation or amusement club (such as golf, polo, or similar clubs), the fair market value thereof shall be its selling price or the bid price nearest published in any newspaper or publication of general circulation, whichever is higher. [Sec. 7 (c.2.3) RR No. 6-2008]
C.) Determination of Gain or Loss from Sale or Disposition of Shares of Stock. — The gain from the sale or other disposition of Shares of Stock. — The gain from the sale or other disposition of shares of stock shall be the excess of the amount realized therefrom over the basis or adjusted basis for determining gain, and the loss shall be the excess of the basis or adjusted basis for determining loss over the amount realized. The amount realized from the sale or other disposition of property shall be the sum of money received plus the fair market value of the property (other than money) received, if any. [Sec. 7 (c.3) RR No. 6-2008]
16.) What are the applicable tax rates of Capital Gains Tax (CGT) under the National Internal Revenue Code of 1997, as amended by Republic Act No. 10963/ TRAIN Law?
A. For Real Properties – Six percent (6%)
B. For Shares of Stocks Not Traded in the Stock Exchange:
Current rate
Taxpayer type Tax rate Legal basis Effectivity date
Individual
15%
R.A. No. 10963 or TRAIN Law
January 1, 2018 to present
Domestic Corporation
Foreign Corporation 15%
R.A. No. 11534 or CREATE Law
April 11, 2021 to present
Old rate
Taxpayer type Tax rate Legal basis Effectivity date Individual
Not over ₱100,000.00 – 5%
On any amount in excess of ₱100,000.00 – 10%
R.A. No. 8424 or NIRC of 1997
January 1, 1998 to December 31, 2017
Domestic Corporation Foreign Corporation
January 1, 1998 to April 10, 2021
17.) Who/what are considered exempt from the payment of Final Capital Gains Tax?
- Dealer in securities, regularly engaged in the buying and selling of securities
- An entity exempts from the payment of income tax under existing investment incentives and other special laws
- An individual or non-individual exchanging real property solely for shares of stocks resulting in corporate control
- A government entity or government-owned or controlled corporation selling real property
- If the disposition of the real property is gratuitous in nature
- Where the disposition is pursuant to the CARP law
18.) Who are conditionally exempt from the payment of Final Capital Gains Tax?
Natural persons who dispose their principal residence, provided that the following criteria are met:
- The proceeds of the sale of the principal residence have been fully utilized in acquiring or constructing new principal residence within eighteen (18) calendar months from the date of sale or disposition;
- The historical cost or adjusted basis of the real property sold or disposed will be carried over to the new principal residence built or acquired;
- The Commissioner of Internal Revenue has been duly notified, through a prescribed return, within thirty (30) days from the date of sale or disposition of the person’s intention to avail of the tax exemption;
- Exemption was availed only once every ten (10) years;
- In case there is no full utilization of the proceeds of sale or disposition, the portion of the gain presumed to have been realized from the sale or disposition will be subject to Capital Gains Tax.
- In case of sale/transfer of principal residence, the Buyer/Transferee shall withhold from the seller and shall deduct from the agreed selling price/consideration the 6% capital gains tax which shall be deposited in cash or manager’s check in interest-bearing account with an Authorized Agent Bank (AAB) under an Escrow Agreement between the concerned Revenue District Officer, the Seller and the Transferee, and the AAB to the effect that the amount so deposited, including its interest yield, shall only be released to such Transferor upon certification by the said RDO that the proceeds of the sale/disposition thereof has, in fact, been utilized in the acquisition or construction of the Seller/Transferor’s new principal residence within eighteen (18) calendar months from date of the said sale or disposition. The date of sale or disposition of a property refers to the date of notarization of the document evidencing the transfer of said property. In general, the term “Escrow” means a scroll, writing or deed, delivered by the grantor, promisor or obligor into the hands of a third person, to be held by the latter until the happening of a contingency or performance of a condition, and then by him delivered to the grantee, promise or obligee.
19.) What is an Electronic Certificate Authorizing Registration (eCAR)?
The eCAR is an electronically generated Certificate Authorizing Registration issued by the Commissioner or his duly authorized representative attesting that the transfer and conveyance of land, buildings/improvements or shares of stock arising from sale, barter or exchange have been reported and the taxes due inclusive of the documentary stamp tax, have been fully paid.
20.) What is Electronic Certificate Authorizing Registration System (eCAR System)?
The eCAR System is a stand-alone system developed and owned by the BIR for the automated creation of eCAR which is the basis for transferring the real and personal properties from the transferor to the transferee after payment of the correct taxes and other dues that allows monitoring through audit trails and generated reports.
21.) Are manually issued Certificate Authorizing Registration (CAR) that are outstanding and not yet presented to the Registry of Deeds (RD) still valid?
All manually issued CARs that are outstanding and not yet presented to the RD are no longer valid. The said CARs shall be replaced with an eCAR by the concerned Revenue District Offices or Large Taxpayers Divisions. For CAR involving multiple properties in which some of the properties are already transferred in RD, only those untransferred property/ies shall be issued with an eCAR.
A certification fee shall be charged for each released eCAR issued/reprinted after affixture of Thirty Pesos (P30.00) Documentary Stamp Tax (DST) on Certificates (RA 10963 or TRAIN Law) and the prescribed Certification Fee of One Hundred Pesos (P100.00) under Executive Order No. 197 to the taxpayer/authorized representative.
Source: https://t-tees.com
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