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  1. Join Date
    Jul 2011
    Posts
    447
    #11
    Quote Originally Posted by 111prez View Post
    kung real property, it is either based on the zonal valuation or market/selling valuation whichever is higher

    now you know why most will sell, or at least make it appear in the deed of sale, that the selling price is based on the zonal valuation

    of course, the BIR can always dispute the valuation used in the deed of sale especially if it is very obvious that taxes are being evaded. kaya hindi mo rin puede i-benta palugi ito at mas lalong mahuhuli yan

    kaya nga dapat higher ng onti sa zonal value yung selling price tsaka dapat added din yung house value (kung meron)...
    you cant never go below or equal sa zonal value

    even if the BIR questions the value of your lot (which fairly above its zonal value on sale)... they wont have a valid argument...
    unless the seller testifies :D...

  2. Join Date
    Jul 2011
    Posts
    447
    #12
    Quote Originally Posted by shadow View Post
    Supposedly but based on experience typical pinoy seller doesnt want to have any cash out from the sale, basta pag nagbenta gusto wala ng lalabas na pera sa seller i.e. Taxes, notary, etc...
    haha.. dumedepende nadin yan sa patigasan...
    ang totoo kasi dyan most people who sell "needs the money"
    and those who buy "needs the lot"

    ang tanong nalang dyan who would throw in the towel and would accept paying....

  3. Join Date
    Sep 2005
    Posts
    13,039
    #13
    kaya kalokohan yang zonal value.. bakit hindi nila ilagay yung totoong market value para mag reflect yung totoong value nang property..

    biruin mo bibili ka nang lupa worth 5M.. tapos ang zonal value lang nasa 200T.. pag tinanong mo kung bakit ganon.. ang sasabihin sayo.. eh para po mababa lang bayaran nyong tax.. wtf.. bakit di nila i reflect na talagang 5M yung worth nung lupa..

  4. Join Date
    Nov 2010
    Posts
    22,349
    #14
    Quote Originally Posted by _Qwerty_ View Post
    kaya kalokohan yang zonal value.. bakit hindi nila ilagay yung totoong market value para mag reflect yung totoong value nang property..

    biruin mo bibili ka nang lupa worth 5M.. tapos ang zonal value lang nasa 200T.. pag tinanong mo kung bakit ganon.. ang sasabihin sayo.. eh para po mababa lang bayaran nyong tax.. wtf.. bakit di nila i reflect na talagang 5M yung worth nung lupa..
    Para kapag gov't bumili ng lupa mo, paktay ka. haha

  5. Join Date
    May 2006
    Posts
    6,931
    #15
    CGT (6% of selling price in Deed of Absolute Sale) and Notarial Fee for the Seller
    DST 1.5% of selling Price in DOAS, Transfer tax 75% of 1% of selling price on DOAS, Registration fees (may chart to hingi kayo cityhall), any other fees like IT fee, etc etc for the account of the Buyer.

    As for undervaluing refer to Zonal Value and Tax Dec assesed value if may improvement, to be safe baka masilip lalo na sa mga lagpas 7M wag niyo i exakto, taasan niyo naman ng konti.

  6. Join Date
    May 2006
    Posts
    6,931
    #16
    Quote Originally Posted by shadow View Post
    Supposedly but based on experience typical pinoy seller doesnt want to have any cash out from the sale, basta pag nagbenta gusto wala ng lalabas na pera sa seller i.e. Taxes, notary, etc...
    Kaya dapat alamin ng seller ang gusto niya i Neto, then from that value add the Taxes and any other expense as I have mentioned above. As for buyers when buying and haggling you must also consider all the add ons fron the price you are haggling. malaki laki rin yan.

  7. Join Date
    Oct 2008
    Posts
    1,958
    #17
    The general rule is: the seller pays the capital gains tax, because:

    Capital Gains Tax is a tax imposed on the gains presumed to have been realized by the seller from the sale, exchange, or other disposition of capital assets located in the Philippines, including pacto de retro sales and other forms of conditional sale.

    However, since CGT is in the nature of an indirect tax, the burden may be shifted to the buyer.

    The tax shift is becoming to be more of the general rule rather than the exception because in most sale transactions involving real property, the buyer is always the party most interested, especially in the acquisition of a new Transfer Certificate of Title. Without paying the CGT, there is no way that a new TCT be issued. In the first place if there is no interested person that can match the offer of the seller, then there can be no sale transaction, unless of course the seller is in dire need of cash that he may even resort to pacto de retro sale.

    One caveat in not declaring the true purchase price in the Deed of Sale. if it would turn out that the title is not clean or there are defects, like relatives may have a claim on the land, and the buyer wants the contract rescinded, how could the buyer go to court? Is he going to present the unnotarized deed reflecting the true purchase price he paid or the notarized deed which reflect the amount lower than what he paid for? Are you trying to tell the court that it is designed to evade payment of correct CGT? of course, not. The court will tell you: come to me with clean hands.

  8. Join Date
    Jul 2011
    Posts
    447
    #18
    siguro TS nasagot na namin lahat tanong mo :D good luck

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Who will pay taxes in buying a lot inside subd.