Download How to Process Land Transfer in the Philippines PDF

TitleHow to Process Land Transfer in the Philippines
TagsSales Taxes Ownership Deed Title (Property)
File Size793.1 KB
Total Pages9
Document Text Contents
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How to Process Land Transfer in the Philippines

In the previous years, the government solved problems of land titling and land

transactions through the establishment of the Torrens System. This served and will

continuously serve as protection for land owners and buyers who transact land transactions.

However, processing land transfer is still tedious enough for a non-expert. It may take

some time to finish everything and could also be too costly to hire someone who can assist you

with this process. So in order for you to have an idea on what to do, here are some helpful tips

on this process.

Step 1. The first thing to do is to provide the documentary requirements set by the Assessor’s

Office, Register of Deeds and Treasurer’s Office in your area. Depending upon the agreement of

the buyer and seller, but the seller usually file for the tax clearance required by the Treasurer’s

Office. To be cleared, it is important to submit receipts and tax declarations of the land to said

office. If there are arrears, then it is need to pay them for the transfer to take place.

Step 2. Secure assessment of Transfer of Taxes from BIR and City Treasurer’s Office and file for

Issuance of Certificate Authorizing Registration (CAR) or BIR clearance from the BIR. The CAR

will serve as evidence that the sale has taken place and the taxes has been paid. BIR will ask for

documents such as TIN of seller and buyer, Notarized Deed of Sale, certified true copy of the

Tax Declaration by the Assessor’s Office, and a copy of the Original Certificate of Title (OCT) or

Transfer Certificate of Title (TCT).

Step 3. Pay the transfer taxes within 60 days from the date of execution of the Deed of Sale to

the Treasurer’s Office presenting the CAR from the BIR, Tax Clearance from the Treasurer’s

Office, and official receipt of payment of documentary tax from the BIR.

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Making all the papers double check particularly the title, will save you a large amount of money

and a lot of trouble in the future if you don’t check it firsthand. So make sure that everything is

clear and clean before going to any agreement or transactions.

Documentary Requirements for Land Transfer in the
Philippines


There are certain documents that you need to provide to the respective office in order

for the transfer of the land to take effect. There are four offices that require these documents.

The Register of Deeds, the BIR, the Office of the Lawyer that you would have your deed of sale

be notarized and the City Treasurer’s Office.

First, in order for the Deed of Sale to be secured, present it to the lawyer for

notarization. You have to take note that the presence of the buyer and the seller is needed

together with two known witnesses. In addition, the seller must be the one who owns the

property to be sold or his authorized representative with a Special power of attorney to do so.

Documents Applicant should bring for the lawyer

 TIN of both buyer and seller;

 Resident Certificate;

 Owner’s Copy of the Transfer Certificate of Title;

 Owner’s Copy of the Tax declarations.

Documents Applicant should bring for the Register of Deeds

 Transfer documents with the transfer fee paid to the LGU where the property is

located;

 Tax Clearance Certificate from the LGU Treasurer;

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 Certified true copy of the tax declarations of the property;

 BIR Certification Authorizing Registration;

 BIR Form for the Transfer

 Owner’s Duplicate Certificate of Title

 In some cases the Department of Agrarian Reform will ask for additional

requirements on properties that are subdivided, consolidation of properties and

inherited properties as the case may be.

Documents Applicant should bring for the BIR

Payment of capital gains tax and documentary stamp tax will still be paid before

submitting the requirements for the transfer to the new owner. After this, requirements shall

be submitted to get the Certificate of Authorizing Registration. The tax identification numbers

of the seller and the buyer is still needed for the transaction. If the one who is processing the

papers is not the owner or the buyer, a Special Power of Attorney is still needed that states that

he/she is allowed to process the documents on the buyer/seller’s behalf.

How to replace lost or damage Land Titles

Land titles serve as one strong proof that you are the owner of the land, the one who

pays for the taxes, and the one maintaining it. Have you ever thought that you would somehow

misplace or lose, or even damage your land titles? Because yeah, it’s just a piece of paper you

can place at any location; it can be easily be misplaced or damaged because it is not that thick

of a sheet. However, there are ways wherein you can replace or reconstitute lost and destroyed

land titles.

Why you should protect and take care of your land titles.

Before getting deep into how you can replace or reconstitute your lost or destroyed

land titles, do you ever wonder why you are obliged to take good care of it? You evidently need

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