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 Payments made for TIN that are no longer active can be accepted as payment by the computer.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.
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for sure, bring to the lawyer the verification Slip of TINS for the Buyer and the Seller. Caution: If those TIN that you have given to the Lawyer happened to be "Not active" and is not among those in the BIR file, your payments to the BIR for Capital Gains and Documentary Stamp Tax can not be accepted. If that is the case, you have to bring to Window 1 of BIR Bonifacio the following: 1) One copy of your Deed of Sale, 2. The copy of your Inactive TIN ID, if there is any and 3) Accomplished copy of BIR Form No. 1904, 3 copies
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