Taxation On Real Estate Transactions: A - B S. M
Taxation On Real Estate Transactions: A - B S. M
Taxation On Real Estate Transactions: A - B S. M
TRANSACTIONS
Executive Diploma Program in Real Estate Management (EDPREM)
Chamber of Real Estate & Builder’s Associations, Inc. (CREBA)
De La Salle – College of Saint Benilde School of Professional and Continuing Education (DLS-CSB SPACE)
October 30, 2021
b. Secondary – Authority to Print (ATP), Books of Accounts (BOA), Application for Permit and Branch Registration
i. Principal Invoice/Commercial Documents
Sales Invoice and Official Receipts
ii. Supplementary Commercial Documents/Invoice
Acknowledgment Receipts, Statement of Account, Delivery Receipt, etc.
The use of receipts/invoices that expired during ECQ/MECQ were extended for 30 calendar days and in the
absence of receipts/invoices during the period ECQ/MECQ. The following may be used:
1. BIR Printed Receipts/Invoices; or
2. Scanned copy of receipt/invoice with ATP; or
3. Computer-aided Receipt/Invoice in Excel format without ATP; or
4. Supplementary Receipts/Invoices were issued in lieu of the Principal Receipts/Invoices; or
5. Receipt/Invoice using the existing CAS or its Components with approved Permit to use (PTU) or
Acknowledgment Certificate; however, the said receipt/invoice is being sent electronically or via email
in JPEG, PDF or any equivalent format to the customer; or
6. Receipts/invoice generated from a newly developed receipting invoicing software or CAS or its
Components without duly approved PTU or Acknowledgment Certificate, which was used to
temporarily to generate/issue the receipts/invoices and the receipt/invoice is being sent electronically
in JPEG, PDF or any equivalent format to the customer.
B. KINDS OF PROPERTY
1. 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.
2. 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:
a. 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
b. Real property held by the taxpayer primarily for sale to customers in the
ordinary course of his trade or business; or
• Taxpayers habitually engaged in the real estate business. - All real properties
acquired in the course of trade or business by a taxpayer habitually engaged in the
sale of real estate shall be considered as ordinary assets.
Registration with the HLURB or HUDCC as a real estate dealer or developer
shall be sufficient for a taxpayer to be considered as habitually engaged in the
sale of real estate.
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.,).
1. A single document was executed covering two (2) transactions such as Extrajudicial
Settlement with either waiver of rights/donation or sale.
Two (2) eCARs must be issued – one for the Estate
– one for either Sale or Donation
Present two (2) CARs simultaneously to Register of Deeds
2. Two separate documents were executed for Extrajudicial Settlement and Deed of
Absolute Sale or Donation.
Two (2) eCARs must be issued
eCAR for estate must first be submitted for issuance of title and the new title will be
the basis for issuance of eCAR for the other/succeeding transaction.
Taxes for the two (2) transactions may be paid at the same time.
*TIN of transferee shall be indicated in the face of the newly issued Tax Declaration.
G. Revenue Memorandum Circular (RMC) No. 4-2021 dated Dec. 22, 2020 – Guidelines in the
Filing of Tax Returns Including the Required Attachment and Payment of Taxes.
Taxpayers Required to Use eBIR Forms
List of Taxpayers Related Issuances
1. xxx xxx
2. xxx xxx
3. xxx xxx
4. One-Time Transaction (ONETT) taxpayers who are classified as real RR No. 9-2016
estate dealers/developers; those who are considered as habitually engaged
in the sale of real property who are using/filing BIR Form No. 1606 together
with the BIR Form No. 2000OT and regular taxpayers already covered by
eBIRForms.
Payment The Sworn ETAR (BIR Form No. 2118-EA) must be accompanied by
Acceptance Payment Form (APF-BIR Form No. 0621-EA) duly endorsed by
RDO concerned.
Submission of proof of payment and complete documents must be made on
or before June 14, 2023.
Failure to submit will warrant application of the regular estate tax due
inclusive of penalties.
eCAR issuance upon compliance. No eCAR for properties not included in the
payment of amnesty but executor/administrator may pay under amnesty if
still within the period.
Conditions and Coordination of BIR with other government agencies to set up system
Impact of Filing enabling the transfer of title, cash withdrawal from the decedent’s bank
the ETAR accounts.
Full compliance with the conditions and requirements shall make the filed
return final and filed return.
2% July 1, 2023
For corporations with net taxable income not exceeding Five Million Pesos (P5,000,000) AND total assets 20% July 1, 2020 1% July 1, 2020 to
not exceeding One Hundred Million (P100,000,000), excluding the land on which the particular business June 30, 2023
entity’s office, plant and equipment are situated
2% July 1, 2023
Proprietary Educational Institutions and Hospitals 1% July 1, 2020 to Not Applicable
June 30, 2023
The higher between the “Regular” or “Minimum Corporate Income Tax (MCIT))” Rates
TYPE OF CORPORATION
Regular MCIT
Rate Effectivity Rate Effectivity
FOREIGN CORPORATION [on taxable income (e.g., net or
gross income, as applicable) derived from all sources
within the Philippines]:
Resident Foreign Corporation 25% July 1, 2020 1% July 1, 2020 to June 30, 2023
2% July 1, 2023
Offshore Banking Unit (OBUs) 25% Upon the 1% Upon the effectivity of the CREATE
(Note: OBUs shall now be taxed as resident foreign effectivity of the until June 30, 2023
corporation upon effectivity of the CREATE) CREATE
2% July 1, 2023
Regional Operating Headquarters (ROHQ) 25% January 1, 2022 1% January 1, 2022 to June 30, 2023
2% July 1, 2023
Non-Resident Foreign Corporation 25% January 1, 2021 Not Applicable
However, if the country in which the non-resident foreign corporation is 15% January 1, 2021
domiciled, allows a tax credit equivalent to the difference between the
regular income tax rate of 25% under Section 28(B)(1) of the Tax Code
(25%) and the fifteen percent (15%) tax on intercorporate dividends or
does not impose tax on dividends, the rate to be imposed shall be 15%
Capital gains from sale of shares of stock not traded in the stock 15% Upon the effectivity
exchange of the CREATE