Land Donation questions

**Ry_Tower** · February 7th, 2023 05:09 PM

Originally Posted by boybi

CGT + VAT pinabayad sa akin.

Wow, that I didn't expect. Guess BIR really did consider it as a business transaction.

**Ry_Tower** · February 7th, 2023 05:22 PM

Originally Posted by Walter

How is the VAT calculated? ...

Gross selling price or fair market value at the time the sale occurred, whichever amounts to higher will be the one used.

It may be taxed creditable withholding tax ranging from a 1.5 percent to 6 percent tax rate to the ordinary income in accordance with the 12 percent Value Added Tax and also you have to pay Documentary Stamp Tax. As the sale of ordinary assets falls under the regular and ordinary day-to-day operations of taxpayers like those engaged in the business of real properties, they must be computed under ordinary income tax. If donation like kay boybi, CGT na at hindi ordinary income tax kasi hindi naman talaga for profit-making.

IIRC, straight computation lang like if P100,000.00 bibilhin mo, 12% of that is P12,000.00. You pay P112,000.00, seller remits the P12,000.00 to the gov't. Mas complicated na kapag VAT registered ka pa at may input at output VAT ka sa mga transactions mo at magcocompute pa ng Net VAT payable.