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Residence/Store PHP 5 Million Here's a breakdown:
1. Capital Gains Tax (CGT):
• Rate: 6% of the higher of the gross selling price or the fair market value (FMV) as determined by the Bureau of Internal Revenue (BIR) zonal valuation.
• Calculation: If the gross selling price is PHP 5,000,000 and the FMV (zonal value) is PHP 6,000,000, the CGT would be 6% of PHP 6,000,000, totaling PHP 360,000.
• Payment Deadline: Within 30 days from the date of sale.
• Note: This tax is typically shouldered by the seller. (lawyer-philippines.com)
2. Documentary Stamp Tax (DST):
• Rate: 1.5% of the higher of the gross selling price or the FMV.
• Calculation: Using the same figures, DST would be 1.5% of PHP 6,000,000, amounting to PHP 90,000.
• Payment Deadline: Within five days after the close of the month when the taxable document was signed.
• Note: While the DST is legally the seller's responsibility, it is often shared between the buyer and seller, depending on their agreement. (lawyer-philippines.com)
3. Value-Added Tax (VAT):
• Applicability: Generally, the sale of real properties not primarily held for sale to customers or held for lease in the ordinary course of trade or business is exempt from VAT.
• Threshold: As of January 1, 2024, residential properties with a selling price not exceeding PHP 3,600,000 are exempt from VAT. (bir-cdn.bir.gov.ph)
• Note: Since the property's value is PHP 5,000,000, it exceeds the VAT-exempt threshold and is subject to VAT. (upropertyph.com)
4. Local Transfer Tax (LTT):
• Rate: Varies by local government unit (LGU). In municipalities, it is typically up to 0.5% of the higher of the gross selling price or the FMV.
• Calculation: Assuming a rate of 0.5%, LTT would be 0.5% of PHP 6,000,000, totaling PHP 30,000.
• Payment Deadline: Typically within 60 days from the date of notarization of the Deed of Sale.
• Note: This tax is usually paid by the buyer but can be negotiated. (esalesinternational.com)
5. Registration Fee:
• Rate: Based on the value of the property, as per a schedule provided by the Register of Deeds.
• Note: This fee is typically paid by the buyer. (esalesinternational.com)
6. Notarial Fees:
• Rate: Varies but is often around 1% of the selling price.
• Calculation: 1% of PHP 5,000,000 equals PHP 50,000.
• Note: This fee is typically paid by the buyer. (esalesinternational.com)
7. Real Property Tax (RPT):
• Note: Ensure all unpaid real property taxes up to the time of sale are settled. The amount depends on the local assessor’s office rate for the property’s location. (cebubai.com)
Summary of Seller's Tax Obligations:
• Capital Gains Tax: PHP 360,000
• Documentary Stamp Tax: PHP 90,000
• Value-Added Tax: 12% of PHP 5,000,000 = PHP 600,000
• Real Property Tax: Amount as determined by the local assessor’s office
Total Seller's Tax Obligations: PHP 1,050,000 plus any outstanding real property taxes.
Note: Tax rates and regulations are subject to change. It's advisable to consult with a tax professional or the Bureau of Internal Revenue (BIR) for the most current information.
Land 5 Hectre PHP 13 Million breakdown:
1. Capital Gains Tax (CGT):
• Rate: 6% of the higher of the gross selling price or the fair market value (FMV) as determined by the Bureau of Internal Revenue (BIR) zonal valuation.
• Calculation: If the gross selling price is PHP 13,000,000 and the FMV (zonal value) is PHP 15,000,000, the CGT would be 6% of PHP 15,000,000, totaling PHP 900,000.
• Payment Deadline: Within 30 days from the date of sale.
• Note: This tax is typically shouldered by the seller. (lawyer-philippines.com)
2. Documentary Stamp Tax (DST):
• Rate: 1.5% of the higher of the gross selling price or the FMV.
• Calculation: Using the same figures, DST would be 1.5% of PHP 15,000,000, amounting to PHP 225,000.
• Payment Deadline: Within five days after the close of the month when the taxable document was signed.
• Note: While the DST is legally the seller's responsibility, it is often shared between the buyer and seller, depending on their agreement. (lawyer-philippines.com)
3. Value-Added Tax (VAT):
• Applicability: Generally, the sale of real properties not primarily held for sale to customers or held for lease in the ordinary course of trade or business is exempt from VAT.
• Threshold: As of January 1, 2024, residential properties with a selling price not exceeding PHP 3,600,000 are exempt from VAT. (pwc.com)
• Note: Since the property's value is PHP 13,000,000, it exceeds the VAT-exempt threshold and is subject to VAT. (pwc.com)
4. Local Transfer Tax (LTT):
• Rate: Varies by local government unit (LGU). In municipalities, it is typically up to 0.5% of the higher of the gross selling price or the FMV.
• Calculation: Assuming a rate of 0.5%, LTT would be 0.5% of PHP 15,000,000, totaling PHP 75,000.
• Payment Deadline: Typically within 60 days from the date of notarization of the Deed of Sale.
• Note: This tax is usually paid by the buyer but can be negotiated. (lawyer-philippines.com)
5. Registration Fee:
• Rate: Based on the value of the property, as per a schedule provided by the Register of Deeds.
• Note: This fee is typically paid by the buyer. (lawyer-philippines.com)
6. Notarial Fees:
• Rate: Varies but is often around 1% of the selling price.
• Calculation: 1% of PHP 13,000,000 equals PHP 130,000.
• Note: This fee is typically paid by the buyer. (lawyer-philippines.com)
7. Real Property Tax (RPT):
• Note: Ensure all unpaid real property taxes up to the time of sale are settled. The amount depends on the local assessor’s office rate for the property’s location. (lawyer-philippines.com)
8. Department of Agrarian Reform (DAR) Clearance Fee:
• Rate: Varies, typically between PHP 1,000 and PHP 3,000.
• Capital Gains Tax: PHP 900,000
• Documentary Stamp Tax: PHP 225,000
• Value-Added Tax: 12% of PHP 13,000,000 = PHP 1,560,000
Real Property Tax: Amount as determined by the local assessor’s office
• DAR Clearance Fee: PHP 1,000 to PHP 3,000
Total Seller's Tax Obligations: PHP 2,685,000 plus any outstanding real property taxes and DAR clearance fee.
Note: Tax rates and regulations are subject to change. It's advisable to consult with a tax professional or the Bureau of Internal Revenue (BIR) for the most current information.