Wednesday, September 12, 2012
Documents That One Should Bring to the Lawyer for Documentations
A)When the Mode of Transfer is by Deed of Sale
1. Verified/Authenticated Tax Identification Number (TIN) (Verification Slip) of the both the Seller and the Buyer;
2.Current Year Community Tax Certificate (Residence Certificate or Cedula of both the Seller and the Buyer;
3.Owner's Copy of the Transfer Certificate of title
4.Owner's copy of the Tax Declarations
Note for No. 1. To save time, do not go to your lawyer for documentation of a Sale transactions without the verified TIN duly signed by the BIR Tin Incharge. Payments made for TIN that are no longer active can be accepted as payment by the computer.
Note for Nos. 3 and 4. Although, Item Nos. 1, 2 and 3 are basically the documents needed to make a Deed of Sale, No. 4 is helpful, because there are times that the information contained in the Tax Declaration are not the information shown in the Owner's Certificate of title. Being so, there must be a correction to be made first before a Deed of Sale is to be made
Nota biene:
A) The buyer and the seller must be physically present so that the Deed of Sale shall be signed before the Notary Public.
B) AT least two known persons to act as witnesses
C) That the contracting parties have all the legal capacities to enter into coontract.
The one selling must be the owner, because no one can sell anything that does not belong to him. Unless of course if he is the Authorized Representative of the Property Owner. Under this, he should be provided with Special Power of Attorney, stating principally that he is the authorized party of the Seller/Property Owner and that He is empowered to sale/dispose the property subject of Sale.
Monday, September 3, 2012
Documents That One Should Bring to the BIR
When a Real Property is transferred to the new Owner the Capital Gain Tax (6%) and 1.5% Documentary Stamp Tax are to be paid. To be issued CAR or Certificate Authorizing Registration which is a requirement for the registration and declaration of real properties with the Register of Deeds and the Assessor's office respectively, the following are the requirements to get the Certificate Authorizing Registration.
A) When the transaction is a Deed of Sale, the following are the required documents the BIR will require you to bring:
1. Original Copy of the Deed of Absolute Sale/ Document of Transfer. Please bring extra photocopy for the BIR file.
2. Certified Copy of the latest tax declaration of the property subject of transfer
This includes the tax declaration of the improvement (building)
Note: If the transfer is by Extrajudicial partition, the tax declaration must be a revision nearest the death of the deceased.
3.Xerox copy of the Owner's Certificate of title. Bring the Owner;s copy of the Title for authentication purposes.
4. When there is no building over the property (land) subject of transfer, present a Certificate of No Improvement to the BIR.
5. Confirmation Receipt signed by the Buyer regarding the Purchase price of the property
B) Other Documents Required
1. Tax Identification Numbers of the Seller and the Buyer
2. If the one facilitating the processing is not the buyer or the Seller, the person authorized must have a Special Power of Attorney, stating that He is the authorized representative of the Buyer or the Seller.
3. Location Map of the Property subject of Transfer
B)When the transaction is that of an Extrajudicial partition
1. Four (4) copies of the Estate Tax Returns
2. Two (2) copies of the Judicial partitions
3. Two (2) Copies Xerox of the title back to back
4. Two (2) copies of the tax declarations of all proeprties of the of the deceased and the wife. If the deceased died long years ago, it must be a tax declaration nearest death of the deceased.
5. Two (2) copies Certificate of No Improvement issued by the Assessor, if there isno building over the property subject of transfer.
6. CPA Certificate if the gross estate is Php 50,000 or more.
7. Two (2) Certificate of Total Landholdings of both the deceased and spouse.
8. Death certificate of the deceased.
Office sometimes will issued additional list of documents as a requirements to get certifications, please call this Office before going to save time and money.
Sunday, September 2, 2012
Documents that One Should Bring to the City Treasurer's Office
To get clearance from the City Treasurer's office, you have to bring the following:
ONE-Transfer Fee Certificate
A) Payment of Transfer Fee
1. Copy of Owner's Certificate of title
2. Tax Declaration of the property subject of Transfer
3. Full payment of the property subject of Transfer
4. Deed of conveyance
5. All Realty tax payments of that property including the current year
Notice to the Transacting Public
1. When the subject of sale involves one property, bring all the requirements pertaining only to that property
B) To get Tax realty Tax Clearance for a deceased persons, all of his property in his name to include his wife
1. All of the above documents in A from 1 to 5.
C) the party requesting must have the following:
1. Residence certificate of the current year
2. TIN
3. Service fee and documentary stamp tax are to be computed by the employee of the Treasurer.
Please call this Office and ask for some additional requirements.
Documents That One Should Bring to DAR Office
These are the documents one should bring to DAR to get clearance. Office from time to time issues some guidelines asking some additional documents to get clearance from their office. You are therefore advised to get in touch with the employees of this Office to get an A-1 information about the requirements:
1.Three (c) copies Deed of Conveyance
2. Three (3) copies Certified tax declarations from the City Assessor's Office
3. Three (3) copies of the Owner's Certificate of Title
4. Three (3) copies of Affidavit of Total Landholdings (Transferree) that his total landholdings including the land to be acquired is not more than five (5) hectares
5. three (3) Affidavit of total Landholdings(Transferror) stating that his the land subject of sale is a retention area or a portion of a retention area.
6. Three (3) Certificate of Total Landholdings from the city Assessor (for the Seller)
7. Three (3) Certificate of total landholdings from the City Assessor( for the Buyer)
8 Three (3) Folders and fasteners.
Saturday, September 1, 2012
Documents One Should Bring to the Assessor's Office
To transfer title, you need to get from the Office of the Assessor the following:
Mode of Transfers:
One-If the property subject of Sale is residential lot
By Deed of Sale, Deed of Exchange
1. Certified True Copy of the tax declaration subject of Sale, exchange. This must be a revision under the current revision of the local government unit where the land is located.
2. Certificate of No Improvement
If there is no building constructed over the lot subject of the transfer, you need to get a Certificate of No Improvement from the Office of the Assessor.
A) To get this document, you need to see a Lawyer and request him to make an Affidavit of No Improvement. Bring this to the Office of the Assessor
2. Buy Service fee of Php 25.00 per TD from the City Treasurer and One Documentary stamp tax for Php 20.00 per TD and give this to the Office of the Assessor, meaning to the clerk that will entertain you at that Office.
Two-When the property subject of transfer is Agricultural property
Notice-
A) That Payment of Service Fee is Php 25.00 per TD. This payment if it concerns two or more tax declarations can be lumped in one Official receipt.
B) Likewise, documentary stamp tax is Php 20.00 per TD
A. All of the above documents and service fee/documentary stamp tax
B) Affidavit of No Improvements, if there is no improvements on the property
Additional Requirements If Transfer to Real Property is under Extrajudicial partition.
1. Affidavit of Total Landholdings to be executed by the Heirs of the Deceased or its Authorized Representative/Administrator. This will be given to the City Assessor. That Office will give you the Certificate of total Landholdings
To ascertain that the property subject of request is actually the property that the person requesting to get, you should bring with you the following if possible:
1. Owner's copy of the tax declarations
2. The Real Property official receipts for the last five years
3. The Owner's copy of the Owner's Certificate of title.
Notice to the transacting public-From time to time there are additional documents this Office is requiring for those who are getting documents. You are therefore advised to call this Office by phone for some new requirements if any. Thanks
Documents One Should Bring to the Register of Deeds
Name of Office-Register of Deeds
Location-Here in the City of Davao, it is located at Corner San Pedro and Bolton Streets.
Note-The requirements here at the Register of Deeds is a compilation. From time to time it is but normal for any office to require registrants additional requirements. Before going to this office, please contact it for more informations. Thanks
What are the requirements to get a Certified True Copy/Certification/Verification?
Requirements:
1. Letter of Request or Transaction Application Form (TAF).
2. Photocopy of Title.
3. Identification Card
How to Register:
1. Approach the Registration Information Officer (RIO) to check if you have the complete documentary required for your transaction. Complete the TAF
2. Submit complete documents and the TAF to the Entry Clerk and wait for the Claim Assessment Slip (CAS)
3. Proceed to the Cashier and pay the Registration fee and IT Fees indicated in the CAS. Receive receipt and claim stub
4. Claim document from the Releasing Clerk on the date indicated on your claim stub
Same process apply on how to get the Certified True Copy/Certification
What are the Basic Requirements for Registration?
1. Original of the deed/instrument
If original document cannot be presented, the duplicate original or certified true copy shall be presented together with a sworn affidavit executed by the interested party stating why the original document cannot be submitted.
2. Certified copy of the latest Tax Declaration of the property
3. If titled property, owner’s copy of the certificate of title, and all issued co-owner’s copy if any
Note:
a. If a document was executed abroad, a Certificate of Authentication by the nearest Philippine Consulate is required.
b. If either party is a corporation, the following are also required:
i. Secretary’s Certificate/Board Resolution indicating the authorized signatory(ies) and the scope of authority
ii. Articles of Incorporation
iii. Certificate of SEC that the articles of incorporation has been registered
For Issuance of Title Transactions
All issuance transactions require the following documents aside from the basic requirements:
1. BIR Certificate Authorizing Registration (CAR) re: payment of capital gains tax or donor’s tax, as the case may be
2. Real property tax clearance re: up-to-date payment of taxes
3. Proof of payment of transfer tax
4. If the land is covered by CARP, DAR clearance and Affidavit of Landholding of transferee
Additional requirements for specific types of issuance transactions:
1. Extra-Judicial Settlement / Adjudication
· Affidavit of Publication stating that the notice of settlement has been published once a week for (3) consecutive weeks
· If minors are involved, Court Order approving the settlement
2. Judicial Settlement of Estate
· Court Order approving the partition
· Certificate of Finality of the court order
· If the property is being sold or encumbered during the settlement proceedings, Letters of Administration
3. Extra-Judicial Foreclosure of Mortgage
· Certificate of Sale by the sheriff/notary public
· Approval of the Executive Judge, RTC
4. Consolidation of Ownership
· Affidavit of Consolidation of the purchase or Final Bill of Sale executed by the highest bidder
5. Judicial Foreclosure of Mortgage
· Court Order directing the sale by public auction
· Deed of Sale issued by the sheriff
6. Execution Sale
· Notice of levy or attachment must first be annotated accompanied with a writ of execution
· Certificate of Sale
· Final Deed of Sale
7. Registration/Sale of Subdivision Project
* License to Sell
· Development Permit
· Certificate of Registration
For Annotation Transactions
All annotation transactions require the following documents in addition to the basic requirements:
1. Real property tax clearance re: up-to-date payment of taxes
Additional requirements for specific types of annotation transactions:
1. Mortgage / Lease
· Documentary stamp tax
For Subdivision and/or Consolidation Transactions
All subdivision/consolidation transactions require the following documents aside from the basic requirements:
1. Letter request for subdivision/consolidation
2. Sepia or polyethylene film of the plan duly approved by Land Registration Authority or the Land Management Bureau
3. Blue copy of the plan
4. Original technical description (duly approved)
If with change of ownership, the following additional documents are required:
1. Agreement of partition
2. Real estate tax clearance
For Condominium Transactions
If CCTs are to be issued for the first time in the name of the registered owner, the following are required:
1. Master Deed
2. Declaration of Restriction
3. Diagrammatic Floor Plan
4. Letter request for issuance of individual Condominium Certificate of Title
5. Certificate of Registration with HLURB
6. Development permit
7. License to sell
8. Owner’s duplicate of the title of the land and all issued co-owner’s duplicate, if any
For subsequent transfer of CCTs
1. Certificate of management
Notice to the Transacting Public-for more updates, please visit the Register of Deeds Office near your residence.
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