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Ownership of a
piece of land doesn’t end after making payments. The buyer must register the
land title under her or his name.
Buying a
property isn’t a simple task due to the complicated processes. One of the home
work that a buyer should pay attention with is transferring the land titles
under her or his name.
This process is
very important for the buyer as it gives you the power or authority to claim
the property. The new land title specifying your name serves as a proof of
ownership.
Improper process
of transferring land title can lead you to trouble in the future such as legal,
technical and financial issues.
Where to Start?
As you plan to
buy a property, you should also think about the processes in transferring the
land title. If you can’t do it yourself, let someone you trust do it.
Here’s a guide
for a land title transfer in the Philippines.
- Secure and file the required documents at BIR District Office
As you tackle the first step in transferring the land title you
should have on hand the following documents:
·
Duplicate copy of the TCT or
Transfer Certificate of Title and two photocopies
·
Original copy of DAS or the
Deed of Absolute Sale and two photocopies
·
Tax Identification Numbers of
the buyer and seller
·
Notarized copies of the recent
Tax Declaration of the real property for the land and its improvement and
another two photocopies. In case that there’s no improvement done in the
property, a Sworn Declaration of No Improvement is needed. Or, a copy of
Certificate of No Improvement issued by the municipal or city assessor.
Other documents
required as the need arises include:
·
Special Power of Attorney in
case that person signing the documents is not the one that appears on the TCT
·
Vicinity map or location map if
the zonal value is not indicated in the documents submitted
- Request for valuation of transfer taxes at the BIR or City or
Municipal Treasure’s Office
After submitting the documentary requirements, you can request from
a BIR representative to compute the Documentary Stamp Tax and Capital Gains
Tax. You’ll be required to sign the BIR Form 1706 and BIR Form 2000.
These forms will be filed at Authorized Agent Bank. In the absence
of AAB, the documents will be filed at Municipal or City Treasurer’s Office.
- Submit the documents at the BIR and request for the issuance of
BIR clearance or Certificate Authorizing Registration
The Certificate Authorizing Registration will be released within
five working days after submitting all the required documents including the
following:
·
Original copy of DAS that was
received by the BIR
·
Owners Duplicate Copy of CCT or
TCT
·
Original copies of BIR Form
2000 and Form 1706 that was received by the BIR
·
Copies of Tax Declaration for
land and its improvement
- Pay the taxes at the Local Treasurer’s Office to get the Tax
Clearance
Before you proceed to the Local Treasurer’s Office to pay the
Transfer Tax, you should secure the following documents needed.
·
Original and photocopy of DAS
·
Photocopy of the Tax Declaration
·
OR of the Real Property Tax and
current Special Education Fund Tax
- Proceed to the Registry of Deeds and submit the documents
The registry of Deeds will be the one to issue the new land title
provided that the new owner can present the required documents as follows:
·
Original copy of DAS received
by the BIR and additional three photocopies
·
Duplicate copy of the CCT or
TCT of both the buyer and the seller
·
CAR’s original copy
·
Tax Clearance Original copy
·
Original copies of the OR’s of
DST, CGT, Transfer Fee and Tax Clearance Certificate
·
Current Tax Declaration’s for
land and its improvement original copies issued by the Local Assessor’s Office
- Submit the documents at the Provincial or Municipal Assessor’s
Office
The Provincial or Municipal Assessor’s Office will be the one to
issue the new Tax Declaration. But, you must present the following documents:
·
Photocopy of DAS
·
Photocopy of CCT or TCT
·
Photocopy of CAR
·
Photocopy of Transfer Tax
Receipt
·
Photocopy of the current Tax
Clearance or Tax Receipt
Processing the Transfer
of Land Title is very tedious as it will require you to go back and forth to
different government agencies. Completing the entire procedure will take
several months.
You
should also do follow-ups or visit personally the respective government agencies
to speed up the process.
