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Posts Tagged ‘documentary stamp tax’

05
December

Exemptions from Documentary Stamp Tax in Philippines

By: Tax and Accounting Center Philippines

Documentary stamp tax in the Philippines is imposed upon documents, instruments, loan agreements and papers, and upon acceptances, assignments, sales and transfers of the obligation, right or property incident thereto, and shall be paid by the person making, signing, issuing, accepting, or transferring the same wherever the document is made, signed, issued, accepted or transferred when the obligation or right arises from Philippine sources or the property is situated in the Philippines, and at the same time such act is done or transaction had. Whenever one party to the taxable document enjoys exemption from the tax herein imposed, the other party thereto who is not exempt shall be the one directly liable for the tax.

However, out of the specific transactions and documents subject to documentary stamp tax in the Philippines, the tax rules in the Philippines provides for some exemptions. Under Section 199 of the Tax Code, as amended, the following instruments, documents and papers shall be exempt from the documentary stamp tax:

(a)          Policies of insurance or annuities made or granted by a fraternal or beneficiary society, order, association or cooperative company, operated on the lodge system or local cooperation plan and organized and conducted solely by the members thereof for the exclusive benefit of each member and not for profit.

(b)          Certificates of oaths administered to any government official in his official capacity or of acknowledgment by any government official in the performance of his official duties, written appearance in any court by any government official, in his official capacity; certificates of the administration of oaths to any person as to the authenticity of any paper required to be filed in court by any person or party thereto, whether the proceedings be civil or criminal; papers and documents filed in courts by or for the national, provincial, city or municipal governments; affidavits of poor persons for the purpose of proving poverty; statements and other compulsory information required of persons or corporations by the rules and regulations of the national, provincial, city or municipal governments exclusively for statistical purposes and which are wholly for the use of the bureau or office in which they are filed, and not at the instance or for the use or benefit of the person filing them; certified copies and other certificates placed upon documents, instruments and papers for the national, provincial, city or municipal governments, made at the instance and for the sole use of some other branch of the national, provincial, city or municipal governments; and certificates of the assessed value of lands, not exceeding Two hundred pesos (P200) in value assessed, furnished by the provincial, city or municipal Treasurer to applicants for registration of title to land.

(c)           Borrowing and lending of securities executed under the Securities Borrowing and Lending Program of a registered exchange, or in accordance with regulations prescribed by the appropriate regulatory authority: Provided, however, That any borrowing or lending of securities agreement as contemplated hereof shall be duly covered by a master securities borrowing and lending agreement acceptable to the appropriate regulatory authority, and which agreement is duly registered and approved by the Bureau of Internal Revenue (BIR).

(d)          Loan agreements or promissory notes, the aggregate of which does not exceed Two hundred fifty thousand pesos (P250,000), or any such amount as may be determined by the Secretary of Finance, executed by an individual for his purchase on instalment for his personal use or that of his family and not for business or resale, barter or hire of a house, lot, motor vehicle, appliance or furniture:

(e)          Sale, barter or exchange of shares of stock listed and traded through the local stock exchange.

(f)          Assignment or transfer of any mortgage, lease or policy of insurance, or the renewal or continuance of any agreement, contract, charter, or any evidence of obligation or indebtedness, if there is no change in the maturity date or remaining period of coverage from that of the original instrument.

(g)          Fixed income and other securities traded in the secondary market or through an exchange.

(h)          Derivatives: Provided, That for purposes of this exemption, repurchase agreements and reverse repurchase agreements shall be treated similarly as derivatives.

(i)            Interbranch or interdepartmental advances within the same legal entity.

(j)           All forbearance arising from sales or service contracts including credit card and trade receivables executed by the seller or service provider itself.

(k)          Bank deposit accounts without a fixed term or maturity.

(l)            All contracts, deeds, documents and transactions related to the conduct of business of the Bangko Sentral ng Pilipinas.

(m)         Transfer of property pursuant to Section 40(c)(2) of the National Internal Revenue Code of 1997, as amended.

(n)          Interbank call loans with maturity of not more than seven (7) days to cover deficiency in reserves against deposit liabilities, including those between or among banks and quasi-banks.

In short, the above transactions falls under those taxable by nature, but by express provision of the rules, they are exempted from documentary stamp tax in the Philippines.


Disclaimer: This article is for general conceptual guidance only and is not a substitute for an expert opinion. Please consult your preferred tax and/or legal consultant for the specific details applicable to your circumstances. For comments, you may please send mail at info@taxacctgcenter.org.


See how we can help you with our professional services…

See our quality seminars, workshops, and trainings…

See our in-house tax and accounting seminars…

Read More Articles…(Post viewed 1212 times)

26
November

Documentary Stamp Tax on Shares of Stock in the Philippines

Documentary stamp tax in the Philippines is imposed on the issuance and transfers of shares of stock in the Philippines, whether a par value shares of stock (with minimum fixed value for issuance in the Articles of Incorporation in the Philippines) or a no par value shares of stock. Documentary stamp tax on shares of stock in the Philippines is imposed upon any party – the issuer corporation / seller stockholder, or the buyer stockholder, based on the subscription of such shares, regardless of the issuance of stock certificates.

Documentary stamp tax on original issuance of shares in Philippines

On every original issue, whether on organization, reorganization or for any lawful purpose, of shares of stock by any association, company or corporation, there shall be collected a documentary stamp of One peso (P1.00) on each Two hundred pesos (P200), or fractional part thereof based on the following:

  1. Par value, of such shares of stock.
  2. Actual consideration for the issuance of such shares of stock  in the case of shares of stock without par value,
  3. On the actual value represented by each share in the case of stock dividends.

Original issuance of shares of stocks in the Philippines refers to the issuance of shares of stocks of a corporation to the stockholders. This applies in the following instances:

  1. Approval of the application for registration of stock corporation with the Securities and Exchange Commission (SEC) with respect to the pre-incorporation subscription, e.g. minimum subscription of 25% based on authorized capitalization;
  2. Increase of authorized capitalization with the SEC requiring a minimum subscription of 25% based on authorized capitalization also;
  3. Issuance of unsubscribed authorized capitalization requiring an application for confirmation of Securities Regulation Code (SRC) exemption under SRC Rule No. 10.1 with  with the SEC;
  4. Issuance of shares of stock through declaration of stock dividend in the Philippines

 Sample computation of DST on original issuance of shares

C Corporation applies for SEC registration with an authorized capitalization of P10M, subscribed and paid-up capitalization of P3M worth of par value shares divided among the five (5) incorporators. Upon approval of the Articles of Incorporation and By-laws, its documentary stamp tax in the Philippines shall be computed as follows:

Par value of original issue of shares         PhP 3M

Divided by                                                           P  200

DST due in the Philippines                            PhP15k

In the above illustration on how to compute DST on original issuance of shares, C Corporation shall be liable for P15k DST in the Philippines.

Documentary stamp tax on sale or transfer of shares in Philippines

On all sales, or agreements to sell, or memoranda of sales, or deliveries, or transfer of shares or certificates of stock in any association, company, or corporation, or transfer of such securities by assignment in blank, or by delivery, or by any paper or agreement, or memorandum or other evidences of transfer or sale whether entitling the holder in any manner to the benefit of such stock, or to secure the future payment of money, or for the future transfer of any stock, there shall be collected a documentary stamp tax of:

  1. Seventy-five-centavos (P0.75) on each Two hundred pesos (P200), or fractional part thereof, of the par value of such stock, or
  2. Twenty-five percent (25%) of the documentary stamp tax paid upon the original issue of said stock in the case of stock without par value

Only one tax shall be collected on each sale or transfer of stock from one person to another, regardless of whether or not a certificate of stock is issued, indorsed, or delivered in pursuance of such sale or transfer. For purposes of the transfer by the Corporate Secretary in the Stock and Transfer Book (STB) of such shares of stock from the seller to the buyer, a Certificate Authorizing Registration (CAR) shall be secured with the Bureau of Internal Revenue (BIR). DST in the Philippines shall be paid upon such transfer of shares and the DST returns is required by the BIR for the issuance of CAR.

Documentary Stamp Tax on Listed Shares

Under Section 199(e) of the Tax Code of the Philippines, as amended, sale, barter, or exchange of shares of stock listed and traded through the local stock exchange are exempted from documentary stamp tax in the Philippines.

Filing and payment of documentary stamp tax on shares in Philippines

DST on shares of stock in the Philippines is required to be filed and paid not later than the 5th day of the month following the month of issuance or transfer of such shares of stock in the Philippines. BIR Form No. 2000 is normally used for the original issued of shares, while  BIR Form No. 2000-OT for sale or transfer of shares and used as a requirement is securing BIR Certificate Authorizing Registration. Alternatively, electronic filing and payment system (EFPS) filers may do it under online filing.


Disclaimer: This article is for general conceptual guidance only and is not a substitute for an expert opinion. Please consult your preferred tax and/or legal consultant for the specific details applicable to your circumstances. For comments, you may please send mail at info@taxacctgcenter.org.


See how we can help you with our professional services…

See our quality seminars, workshops, and trainings…

See our in-house tax and accounting seminars…

Read More Articles…(Post viewed 9059 times)

15
August

Documentary Stamp Tax on CIA Philippines’ Documents

By: Garry S. Pagaspas

The Bureau of Internal Revenue (BIR) has issued Revenue Memorandum Circular No. 36-2012 (RMC 36-2012)dated August 3, 2012 entitled “Clarification on whether documents mentioned in Section 199 o the Tax Code 0f 1997, as amended by Republic Act No. 9243, are subject to documentary stamp tax (DST) of P15.00 as prescribed in Section 188 of the said Code”.

RMC 36-2012 reiterates that only instruments, documents and papers of transactions expressly enumerated in Section 199 of the Tax Code, as amended, and since the certificates and other necessary documents issued by the Construction Industry Authority of the Philippines was not mentioned, the following are subject to the documentary stamp tax of P15.00:

  1. Certificate of Registration of Overseas Contractors;
  2. Certificates of Renewal of Registration of Overseas Contractors;
  3. Contractor’s License (Original);
  4. Certificate of whether a certain contractor is licensed;
  5. Certified true copies of license certificates;
  6. Certified true copies of documents such as Affidavit of Undertaking of Sustaining technical Employee (STE) and Curriculum Vitae of STE;
  7. Certificate of Accreditation of Arbitrators; and,
  8. Case documents to be used to support petition to appeal in Court of Appeals.

The RMC 36-2012 amplifies Revenue Regulations No. 13-2004 , as amended, particularly Section 199 of the Tax Code of 1997, as amended by Republic Act No. 9243.

Comments

The DST referred to under this RMC 36-2012 is the stamp that is being attached to the document above mentioned. It is not the DST that is being filed using BIR Form No. 2000. In effect, the BIR is saying that the above documents are subject to DST because they are not among the documents mentioned in Section 199 of the tax Code, as amended. As such, when you deal with the above documents, see to it that the DST of P15.00 has been stamped to the document.

Related Articles:

Overview of Documentary Stamp Tax in the Philippines

More Articles…


(Garry S. Pagaspas is a Resource Speaker with Tax and Accounting Center, Inc. He is a Certified Public Accountant and a degree holder in Bachelor of Laws engaged in active tax practice for more than seven (7) years now and a professor of taxation for more than four (4) years now. He had assisted various taxpayers in ensuring tax compliance and tax management resulting to tax savings rendering tax studies, opinions, consultancies and other related services. For comments, you may please send mail at garry.pagaspas@taxacctgcenter.org.)

Disclaimer: This article is for general conceptual guidance only and is not a substitute for an expert opinion. Please consult your preferred tax and/or legal consultant for the specific details applicable to your circumstances.


Related Services

Tax Management and Compliance Consultancies. With our tax services, we can assist you ensure tax compliance and in the management of such continuing compliance. Proper compliance would bring about tax savings form avoiding being penalized to tax minimization strategies. Likewise, we could assist you in securing a BIR ruling confirming the applicable tax exemptions.

Bookkeeping and Tax Compliance Education. We offer range of quality seminars, trainings, and workshop geared towards developing the required knowledge in tax and accounting compliance.

Corporate Registrations. We could assist you in the complete registration of your legal business entity – ordinary corporation, license to do business for foreign corporations, foundations, non-stock and non-profit corporations. We already have established and registered a number of corporations - local and foreign with the Securities and Exchange Commission and other government agencies.(Post viewed 849 times)

06
August

Overview of Documentary Stamp Tax in the Philippines

By: Garry S. Pagaspas

Under the National International Revenue Code (NIRC), a documentary stamp tax (DST) is imposed upon documents, instruments, loan agreements and papers, and upon acceptances, assignments, sales and transfers of the obligation, right or property incident thereto, there shall be levied, collected and paid for, and in respect of the transaction so had or accomplished, the corresponding documentary stamp taxes prescribed in the following Sections of this Title, by the person making, signing, issuing, accepting, or transferring the same wherever the document is made, signed, issued, accepted or transferred when the obligation or right arises from Philippine sources or the property is situated in the Philippines, and the same time such act is done or transaction had Whenever one party to the taxable document enjoys exemption from the tax herein imposed, the other party who is not exempt shall be the one directly liable for the tax.

Before we delve into the technicalities of applying DST on each and every enumeration in the above, we share hereunder an overview and some features of the documentary stamp tax (DST) in the Philippines:

Tax imposed on exercise of certain rights 

DST is a tax on the exercise of certain rights embodied in a document evidencing such rights exercise. As long as there is an exercise of a right, formal documents of such exercise may be dispensed with. Example of this is DST on shares of stocks which does not necessarily require an issuance of Stock Certificates to be taxable, a DST on loan agreements which no longer require a notarized loan agreement to be taxable.

Specific transactions are specified in the NIRC, so not all transactions are subject to DST.

Any contracting party liable

As a rule, any party to the taxable transaction may be held liable. In some contracts (e.g. Deed of Absolute Sale of Real Properties, or Deed of Assignment of Shares of Stocks, Loan Agreements or similar contracts) parties may agree on who shall shoulder the DST applicable on the agreement. However, it is only binding as to the parties and not as against the Bureau of Internal Revenue (BIR or Tax Authority). In tax assessment, the BIR will see to it that DST on such transactions has been paid, so it will be good to have a provision on the proof of payment of DST on such contracts for security of the contracting parties.

Nevertheless, DST is imposed once on a specific taxable transaction. As such, payment of one party would suffice and payment of both of the parties would be excessive and erroneous.

Non-payment does not affect liability

DST liability is for tax purposes only and has nothing to do with the validity of the agreement between the parties. Even if parties failed to pay the DST, the agreement would remain to be effective. However, in case of court actions involving the duly executed documents subject to DST, the court will not admit the same as evidence unless the DST is paid on such document. Of course, you do not take this rule as a justification in not paying.

Each taxable transaction is a taxable event

DST is imposed on each and every transaction so failure to pay in one transaction is a distinct offense.

Example: During the year, Company A obtained a business loan of P5M each in five times on even dates and the balance of such loan payable is P500,000.00. Company A is liable for P25,000 (P5M divided by P200) in each of the five loan transactions.

In some tax assessments however, ending balance or the increment on the loans payable and which should not be the case to cut the process short and in the absence of details. In the above example DST computation based on the ending balance of the loan  amounting to P500,000 or is a DST of P2,500 (P500,000 divided by P200).

Tax rates vary depending on the transaction

With the varied application of DST, there is no fixed rate and the applicable rate would depend on the nature of the taxable transaction. As such, you have to determine the applicable rate by referring to the NIRC. Example: DST on loans agreements, and original issuance of shares  are subject to DST rate of P1.00 for every P200 face value or par value, or fractional thereof. DST on lease or rental agreements is P3.00 for the first P2,000 and P1.00 for every succeeding P1,000 of the amount of rental under the contract.

Manner of Payment

DST is paid manually or through electronic filing and payment system (EFPS), or through the loose documentary stamps for the purpose depending on the type of taxable transaction. There used to be a metering machine for businesses with material DST transactions like banks, but it was later replaced by EFPS. Loose documentary stamp is the one attached to official documents or certificates issued by government agencies. In general, most DST applications to your business is manual DST or BIR Form No 2000, or BIR Form No 2000-ONETT for one time transactions involving real property transfers.

Hereunder are the enumeration of those subject to DST under NIRC and soon we may make an article:

  • Stamp tax on original issue of shares of stock;
  • Stamp tax on sales, agreements to sell, memoranda of sales, deliveries or transfer of shares or certificates of stocks;
  • Stamp tax on bonds, debentures, certificates of stocks or indebtedness issued in foreign countries;
  • Stamp tax on certificates of profits or interest in property or accumulations;
  • Stamp tax on Bank Checks, Drafts, Certificates of Deposit not Bearing Interest, and Other Instruments;
  • Stamp tax on all debt instruments;
  • Stamp tax on all bills of Exchange or Drafts;
  • Stamp tax upon acceptance of Bills of Exchange and others;
  • Stamp tax on foreign bills of exchange and letters of credit;
  • Stamp tax on life insurance policies;
  • Stamp tax on policies of insurance upon property;
  • Stamp tax on fidelity bonds and other insurance policies;
  • Stamp tax on policies of annuity and pre-need plans;
  • Stamp tax on indemnity bonds;
  • Stamp tax on certificates;
  • Stamp tax on warehouse receipts;
  • Stamp tax on Jai-alai, horse race tickets, Lotto, or other authorized number games;
  • Stamp tax on bills of lading or receipts;
  • Stamp tax on proxies;
  • Stamp tax on powers of attorney;
  • Stamp tax on lease and other hiring agreements;
  • Stamp tax on mortgages, pledges, and deeds of trust;
  • Stamp tax on deeds of sale and conveyances of real property;
  • Stamp tax on charter parties and similar instruments;
  • Stamp tax on assignments and renewals of certain instruments

(Garry S. Pagaspas is a Resource Speaker with Tax and Accounting Center, Inc. He is a Certified Public Accountant and a degree holder in Bachelor of Laws engaged in active tax practice for more than seven (7) years now and a professor of taxation for more than four (4) years now. He had assisted various taxpayers in ensuring tax compliance and tax management resulting to tax savings rendering tax studies, opinions, consultancies and other related services. For comments, you may please send mail at garry.pagaspas@taxacctgcenter.org)

Disclaimer: This article is for general conceptual guidance only and is not a substitute for an expert opinion. Please consult your preferred tax and/or legal consultant for the specific details applicable to your circumstances.


Related Services

Tax Management and Compliance Consultancies. With our tax services, we can assist you ensure tax compliance and in the management of such continuing compliance. Proper compliance would bring about tax savings form avoiding being penalized to tax minimization strategies.

Quality Seminars and Trainings. We conduct other seminars, workshops and trainings on BIR tax compliance that you may learn to do your bookkeeping your own or at least develop working knowledge sufficient to supervise the work of your hired bookkeeper. Hereunder are our programs you could choose from:

Bookkeeping Services. With our years of practice and being with the academe, we are confident that we could assist you maintain your books of accounts and prepare your tax returns in the light of the present rules, and regulations. We understand your financials and charges are at reasonable rates.(Post viewed 11761 times)

11
July

Internal Revenue Taxes in the Philippines

The National Internal Revenue Code of 1997 (Tax Code) under Republic Act No. 8424, as amended or the Tax Reform Act of 1997 enumerates the internal revenue taxes imposed and administered by the Bureau of Internal Revenue (BIR) under Section 21 as follows:

SEC. 21. Sources of Revenue. – The following taxes, fees and charges are deemed to be national internal revenue taxes:

(a) Income tax;
(b) Estate and donor’s taxes;
(c) Value-added tax;
(d) Other percentage taxes;
(e) Excise taxes;
(f) Documentary stamp taxes; and
(g) Such other taxes as are or hereafter may be imposed and collected by the Bureau of Internal Revenue.

For better understanding, let us give you an overview of each of them. These taxes are of general tax classifications, and may contain sub classifications. In classrooms, these taxes are divided in two (2) parts – Part I for Income Taxes, and Part II – for Transfer and Business Taxes. For Accounting (BSA) and Law (LLB) course, a third part is added for the tax review covering all the two (2) parts.

Income tax. This is an annual tax on the income generated from the trade, business, profession, employment or office, dealings on property, and all other instances of flow of wealth to the taxpayer other than mere return of capital. Income tax base would depend on the nature of income, the classification of individual or corporate taxpayer, and the income tax type applicable. Income tax type is a broad classification, and sub-classifications would include – capital gains tax (CGT), minimum corporate income tax (MCIT), final taxes on passive income (FWT), withholding tax on compensation (WC), creditable or expanded withholding tax (CWT or EWT), and even stock transaction tax for sale of listed shares through the local stock exchange would fall under this classification. Read more on the following articles…Basic Income Taxation of Corporations, and Overview of Deductible Expenses in the Philippines

Estate Tax. This is levied, assessed, collected and paid upon the transfer of the net estate of every decedent, whether resident or nonresident of the Philippines based on the value of the net estate.

Donor’s Tax. This is a tax levied, assessed, collected and paid upon the transfer by any person, resident or nonresident, of the property (whether real or personal, tangible or intangible) by gift – direct or indirect. This is imposed on donations or gifts to another who accepts the same. Tax would depend on the citizenship or residence of donor, the relationship to the donee, and the nature of the property. Donations to relatives by a single donor is exempt to the extent of P100,000.00 within every calendar year. Read more on the Overview of Donor’s Tax in the Philippines.

Value-added tax. This is imposed upon any person, who, in the course of trade or business, sells, barters, exchanges, leases goods or properties, renders services, and any person who imports goods. This is an indirect tax and is normally passed on to the buyer. As a consumption tax, the ultimate consumer shoulders that VAT imposed on the goods or service along the distribution line. Read more on the Overview of Value Added Tax in the Philippines.

Other percentage tax. Is a business tax like value-added tax (VAT) that is imposed upon persons whose business is normally subject to VAT, but, whose gross sales or receipts does not exceed P1,919,500.00 within 12 months. This is likewise imposed upon specific entities selected by law like banks, common carriers irregardless of gross sales or gross receipts within the 12-month period.Read more on the Overview of Percentage Tax in the Philippines.

Excise tax. This tax apply to certain goods manufactured or produced in the Philippines for domestic sales or consumption or for any other disposition and things imported. This is imposed in addition to the value added tax. Examples of this are sin taxes imposed on cigars, cigarettes, and alcoholic products.

Documentary stamp tax. This is a tax imposed upon documents, instruments, loan agreements and papers, and upon acceptances, assignments, sales and transfers or the obligation, right or property incident thereto. Either of parties to the taxable document may be held liable and if one is exempt, the other shall be held liable. Example of this is the documentary stamp tax (DST) on lease agreements of office space, business loans and advances, sales of real properties in the Philippines, issuance of shares of stock. Read more on the Overview of Documentary Stamp Tax in the Philippines.

Other taxes. This is a catch all enumeration for those taxes that may later be imposed.

The above are enumeration of internal revenue taxes imposed by the Bureau of Internal Revenue under the National Internal Revenue Code. Some taxes may apply to your business, but the same may be administered by other government agencies like Bureau of Customs on import and export transactions, and the Local Government Units like on business taxes, real property taxes.


Disclaimer: This article is for general conceptual guidance only and is not a substitute for an expert opinion. Please consult your preferred tax and/or legal consultant for the specific details applicable to your circumstances.


Related Services

Quality Seminars and Trainings. We conduct seminars, workshops and trainings on BIR tax compliance that you may learn to do your bookkeeping your own or at least develop working knowledge sufficient to supervise the work of your hired bookkeeper. Hereunder are our programs you could choose from:

Tax Management and Compliance Consultancies. With our tax services, we can assist you ensure tax compliance and in the management of such continuing compliance. Proper compliance would bring about tax savings form avoiding being penalized to tax minimization strategies.

Bookkeeping Services. With our years of practice and being with the academe, we are confident that we could assist you maintain your books of accounts and prepare your tax returns in the light of the present rules, and regulations. We understand your financials and charges are at reasonable rates.(Post viewed 2588 times)

10
June

Tax on Non-redemption of Properties under Involuntary Sale

Revenue Regulations No. 9-2012 dated June 1, 2012 (RR 9-2012) is entitled as “Implementing Sections 24(D)(1), 27(D)(5), 57, 106 and 196 of the National Internal Revenue Code of 1997 on Non-redemption of Properties Sold During Involuntary Sale.”

RR 9-2012 is issued to take immediately in order to guide the buyers and sellers of properties under involuntary sales (e.g. mortgage foreclosure). In case of non-redemption of properties sold during involuntary sales, regardless of the type of proceedings and the personality of the mortgagees/selling persons or entities, hereunder are the rules:

Subject property is CAPITAL ASSET:

  • Capital Gains Tax (CGT) within thirty (30) days from the expiration of the applicable statutory redemption period;
  • Documentary Stamp Tax (DST) within five (5) days after the close of the month after the lapse of the applicable statutory redemption period;

Subject property is ORDINARY ASSET:

  • Creditable Withholding Tax (CWT) return within ten (10) days after the close of the month after the lapse of the applicable statutory redemption period;
  • Value Added Tax (VAT) on or before the 20th (monthly) or 25th (quarterly) of the month following the month the right of redemption prescribes.
  • Documentary Stamp Tax (DST) within five (5) days after the close of the month after the lapse of the applicable statutory redemption period;

The above taxes shall be based on whichever the of the consideration (bid price of the highest bidder) or the fair market value or the zonal value in accordance with Section 6(E) of the Tax Code, as amended.  All regulations, rulings or orders, or portions thereof which are inconsistent with the provisions of RR 9-2012 are hereby revoked, repealed or amended accordingly.

 

Reference:

Revenue Regulations No. 9-2012(Post viewed 552 times)

17
May

Views on Real Estate Mortgage for Microlending

A friend in the micro-lending industry once asked -

Is Real Estate Mortgage worth to look into for microlending?

Let me share with you our view on the circumstances and benefits of Real Estate Mortgage (REM).

REM is an accessory contract in the form of a collateral security for the  availment of the credit facility. As compared to a no collateral loan, REM may prove to be better as the lender would have some property to pursue upon default as compared to an empty hope in a non collateral situation.

To be effective, a REM has to be in a legal document to be executed by the parties. Based on such document, it shall be annotated in the title of the real property (TCT or CCT) with the Registry of Deeds. The purpose of this is for the binding effect of the REM to third parties. Upon default, foreclosure proceedings will follow to take the property – either out-of-court (extra-judicial), or judicial.  Foreclosure sale may be had and should the proceeds by insufficient to pay the outstanding loan obligation, the lender may pursue the borrower for the deficiency. Upon successful foreclosure, the buyer or lender will conditionally take the property, subject to the right of redemption by the borrower within one year. Should the borrower fail to redeem the property, the lender shall now proceed to consolidate title and could now freely dispose of the property.

Based on the above, related costs on the process and the viability for resale will surface as the controllable issues. Costs incurred under this may be provided in the REM or Loan Agreement to be chargeable to the borrower, including the documentary stamp tax (DST). Other issues like the time for the redemption is beyond reach.  On the other hand, the viability for disposal of the property would be a matter of credit evaluation. Evaluation on the property normally involves the following:

  1. Location of the property;
  2. Valuation of the property (zonal & market value)
  3. Physical condition of the property;
  4. Accessibility of the property;
  5. Title of the property and related annotations and encumbrances, if any; and,
  6. Assessment on the viability for resale of the property;

With the above complexity and added works, we suggest to adopt the REM for material loan amounts only. It could just simply single out properties with potential future use, say your real estate operations such as development, construction, leasing, and resale.

Our Related Services:

In collaboration with our Legal Team, we could assist you in a number of ways in relation to the Real Estate Mortgage as follows:

  • Real Estate Mortgage contract preparation,
  • Securing annotation with the Registry of Deeds,
  • Foreclosure proceedings – judicial or out-of-court

Please contact us at info@taxacctgcenter.org.(Post viewed 952 times)

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