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| Bureau of Internal Revenue, Philippines |
Tax Form
BIR Form 1706 –
Final Capital Gains Tax Return (For Onerous Transfer of Real Property Classified as Capital Assets -Taxable and Exempt)
Documentary Requirements
1) One original copy and one photocopy of the Notarized Deed of Sale or
Exchange
2) Photocopy of the Original Certificate of Title; Transfer Certificate
of Title; or Condominium Certificate of Title in case of a condo unit
3) Certified True Copy of the tax declaration on the lot and/or
improvement during nearest time of sale
4) “Certificate of No Improvement” issued by the Assessor’s office where
the property has no declared improvement, if applicable or Sworn
Declaration/Affidavit of No Improvement by at least one (1) of the transferees
5) Copy of BIR Ruling for tax exemption confirmed by BIR, if applicable
6) Duly approved Tax Debit Memo, if applicable
7) “Sworn Declaration of Intent” as prescribed under Revenue Regulations
13-99, if the transaction is tax-exempt
8) Documents supporting the exemption
Additional requirements may be requested for presentation during audit
of the tax case depending upon existing audit procedures.
Procedures
File the Capital Gains Tax return in triplicate (two copies for the BIR
and one copy for the taxpayer) with the Authorized Agent Bank (AAB) in the
Revenue District where the property is located. In places where there are no
AAB, the return will be filed directly with the Revenue Collection Officer or
Authorized City or Municipal Treasurer.
One-Time Transaction (ONETT) taxpayers shall mandatorily use the
eBIRForms in filing all of their tax returns. They may opt to submit their tax
returns manually using the eBIRForms Offline Package in the RDO where the
property is located or electronically through the use of the Online eBIRForms
System. (Sec. 3(2) RR No. 6-2014)
Tax Rates
For real property - 6%.
Deadline
Within 30 days after each sale, exchange, transfer or other disposition
of real property.
Capital Gains Tax for Onerous
Transfer of Shares of Stocks Not Traded Through the Local Stock Exchange
Tax Form
BIR Form 1707 -
Capital Gains Tax Return (For Onerous Transfer of Shares of Stocks Not Traded
Through the Local Stock Exchange)
Documentary Requirements
1) One original copy and one photocopy of the Notarized Deed of Sale/
Exchange of shares of stock
2) Photocopy of the Deed of Acquisition or proof of cost/ fair market
value of the stocks at the time of acquisition
3) Photocopy of certificate of shares of stock
4) Photocopy of evidences of expenses related to sale
5) Photocopy of Audited Financial Statements duly certified by an
independent certified public accountant with computation of fair market value
per share at the time of sale.
6) Duly approved Tax Debit Memo, if applicable
Additional requirements may be requested for presentation during audit of
the tax case depending upon existing audit procedures.
Procedures
File the Capital Gains Tax return in triplicate (two copies for the BIR
and one copy for the taxpayer) with the Authorized Agent Bank (AAB) in the
Revenue District where the seller or transferor of stocks is registered. In
places where there are no AAB, the return will be filed directly with the
Revenue Collection Officer or Authorized City or Municipal Treasurer.
One-Time Transaction (ONETT) taxpayers shall mandatorily use the
eBIRForms in filing all of their tax returns. They may opt to submit their tax
returns manually using the eBIRForms Offline Package in the RDO where the
seller or transferor of stocks is registered or electronically through the use
of the Online eBIRForms System. (Sec. 3(2) RR No. 6-2014)
Tax Rates
For Shares of Stocks Not Traded in the Stock Exchange
- Not over P100,000 - 5%
- Any amount in excess of P100,000 - 10%
- Any amount in excess of P100,000 - 10%
Deadline
Within 30 days after each sale or disposition of shares of stocks or
real property. In case of installment sale, the return shall be filed within 30
days following the receipt of the first down payment and within 30 days
following the subsequent installment payments. Only one return shall be filed
for multiple transactions within the day.
Annual Capital Gains Tax for Onerous
Transfer of Shares of Stocks Not Traded Through the Local Stock Exchange
Tax Form
BIR Form 1707A -
Annual Capital Gains Tax Return (For Onerous Transfer of Shares of Stocks Not
Traded Through the Local Stock Exchange)
Procedures
File the Capital Gains Tax return in triplicate (two copies for the BIR
and one copy for the taxpayer) with the Authorized Agent Bank (AAB) in the
Revenue District where the seller or transferor of stocks is registered. In
places where there are no AAB, the return will be filed directly with the
Revenue Collection Officer or Authorized City or Municipal Treasurer.
Tax Rates
For Shares of Stocks Not Traded in the Stock Exchange
- Not over P100,000 - 5%
- Any amount in excess of P100,000 - 10%
- Any amount in excess of P100,000 - 10%
Deadline
Individual Taxpayers – On or before April 15 of each year covering all
stock transactions of the preceding taxable year
Corporate Taxpayers – On or before the fifteenth (15) day of the fourth
(4) month following the close of the taxable year covering all transactions of
the preceding taxable year
Note: For onerous transfer of real property other than capital asset
(including taxable and exempt), a creditable withholding tax based on the gross
selling price/total amount of consideration or the fair market value determined
in accordance with Section 6(E) of the Code, whichever is higher, paid to the
seller/owner for the sale, transfer or exchange of real property, other than
capital asset, shall be imposed upon the withholding agent/buyer. (sec. 3 (j),
RR NO. 6-2001)
Revenue Regulations (RR) Nos. 2-1998, 8-1998, 4-1999, 13-1999, 7-2003, 17-2003, 30-2003, 4-2008, 6-2008, 5-2009, 6-2013, 6-2014
Revenue Memorandum Order (RMO) No. 15-2003
Revenue Memorandum Circular (RMC) No. 50-2003
Sec. 24C, Sec. 24D, Sec. 27D(2), Sec. 27D(5), Sec. 28(A)(7)(c), Sec.
28(B)(5)(c) and Sec. 39A of the National Internal Revenue Code (NIRC)
1) What is meant by capital asset?
Capital asset means property held by the taxpayer (whether or not
connected with his trade or business), but does not include –
a) stock in trade of the taxpayer or other property of a kind which
would properly be included in the inventory of the taxpayer if on hand at the
close of the taxable year; or
b) property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business; or
c) property used in the trade or business of a character which is subject to the allowance for depreciation provided in subsection (F) of Sec. 34 of the Code; or
d) real property used in trade or business of the taxpayer.
b) property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business; or
c) property used in the trade or business of a character which is subject to the allowance for depreciation provided in subsection (F) of Sec. 34 of the Code; or
d) real property used in trade or business of the taxpayer.
2) What is meant by ordinary asset?
Ordinary asset refers to all properties specifically excluded from the
definition of capital assets under Sec. 39 (A)(1) of the NIRC.
3.) What is meant by "Stock classified as Capital Asset"? (Sec
2(a) of RR 6-2008)
This refers to stocks and securities held by taxpayers other than
dealers in securities.
4.) What is meant by "Dealer in Securities"? (Sec 2(b) of RR
6-2008)
Dealer in Securities refers to a merchant of stocks or securities,
whether an individual, partnership or corporation, with an established place of
business, regularly engaged in the purchase of securities and the resale
thereof to customers; that is one, who as merchant buys securities and re-sells
them to customers with a view to the gains and profits that may be derived
therefrom. "Dealer in securities" means any person who buys and sells
securities for his/her own account in the ordinary course of business (Sec.
3.4, SRC).
5.) What is meant by real property?
Real property shall have the same meaning attributed to that term under
Article 415 of Republic Act No. 386, otherwise known as the “Civil Code of the
Philippines.
6.) What does a real estate dealer refer to?
A real estate dealer refers to any person engaged in the business of
buying and selling or exchanging real properties on his own account as a
principal and holding himself out as a full or part-time dealer in real estate.
7.) What does a real estate developer refer to?
Real estate developer refers to any person engaged in the business of
developing real properties into subdivisions, or building houses on subdivided
lots, or constructing residential or commercial units, townhouses and other
similar units for his own account and offering them for sale or lease.
8.)What does a real estate lessor refer to?
Real estate lessor refers to any person engaged in the business of
leasing or renting real properties on his own account as a principal and
holding himself out as a lessor of real properties being rented out or offered
for rent.
9.) Who are considered engaged in the real estate business?
Taxpayers who are considered engaged in the real estate business refer
collectively to real estate dealers, real estate developers and/or real estate
lessors. A taxpayer whose primary purpose of engaging in business, or whose
Articles of Incorporation states that its primary purpose is to engage in the
real estate business shall be deemed to be engaged in the real estate business.
10.) Who are considered not engaged in the real estate business?
Taxpayers who are considered not engaged in the real estate business
refer to persons other than real estate dealers, real estate developers and/or
real estate lessors.
11.) Who are considered habitually engaged in the real estate business?
Real estate dealers or real estate developers who are registered with
the Housing and Land Use Regulatory Board (HULRB) or HUDCC
12.) How can you determine whether a particular real property is a
capital asset or an ordinary asset?
a) Real properties shall be classified with respect to taxpayers engaged
in the real estate business as follows:
i) All real properties acquired by the real estate dealer shall be
considered as ordinary assets.
ii) All real properties acquired by the real estate developer, whether
developed or undeveloped as of the time of acquisition, and all real properties
which are held by the real estate developer primarily for sale or for lease to
customers in the ordinary course of his trade or business or which would
properly be included in the inventory of the taxpayer if on hand at the close
of the taxable year and all real properties used in the trade or business,
whether in the form of land, building, or other improvements, shall be
considered as ordinary assets.
iii) All real properties of the real estate lessor, whether land,
building and/or improvements, which are for lease/rent or being offered for
lease/rent, or otherwise for use or being used in the trade or business shall
likewise be considered as ordinary assets.
iv) All real properties acquired in the course of trade or business by a
taxpayer habitually engaged in the sale of real property shall be considered as
ordinary assets.
Note: Registration with the HLURB or HUDCC as a real estate dealer or
developer shall be sufficient for a taxpayer to be considered as habitually
engaged in the sale of real estate.
If the taxpayer is not registered with the HLURB or HUDCC as a real
estate dealer or developer, he/it may nevertheless be deemed to be engaged in
the real estate business through the establishment of substantial relevant
evidence (such as consummation during the preceding year of at least six (6)
taxable real estate sale transactions, regardless of amount; registration as
habitually engaged in real estate business with the Local Government Unit or
the Bureau of Internal Revenue, etc.
A property purchased for future use in the business, even though this
purpose is later thwarted by circumstances beyond the taxpayer’s control, does
not lose its character as an ordinary asset. Nor does a mere discontinuance of
the active use of the property change its character previously established as a
business property. (Sec 3(a)(4)of RR 7-2003)
b) In the case of taxpayer not engaged in the real estate business, real
properties, whether land, building, or other improvements, which are used or
being used or have been previously used in trade or business of the taxpayer
shall be considered as ordinary assets.
c) In the case of taxpayers who changed its real estate business to a
non-real estate business, real properties held by these taxpayer shall remain
to be treated as ordinary assets.
d) In the case of taxpayers who originally registered to be engaged in
the real estate business but failed to subsequently operate, all real
properties acquired by them shall continue to be treated as ordinary assets.
e) Real properties formerly forming part of the stock in trade of a
taxpayer engaged in the real estate business, or formerly being used in the
trade or business of a taxpayer engaged or not engaged in the real estate
business, which were later on abandoned and became idle, shall continue to be
treated as ordinary assets. Provided however, that properties classified as
ordinary assets for being used in business by a taxpayer engaged in business other
than real estate business are automatically converted into capital assets upon
showing proof that the same have not been used in business for more than two
years prior to the consummation of the taxable transactions involving said
properties
f) Real properties classified as capital or ordinary asset in the hands
of the seller/transferor may change their character in the hands of the
buyer/transferee. The classification of such property in the hands of the
buyer/transferee shall be determined in accordance with the following rules:
i) Real property transferred through succession or donation to the heir
or donee who is not engaged in the real estate business with respect to the
real property inherited or donated, and who does not subsequently use such
property in trade or business, shall be considered as a capital asset in the
hands of the heir or donee.
ii) Real property received as dividend by the stockholders who are not
engaged in the real estate business and who do not subsequently use such
property in trade or business, shall be considered as a capital asset in the
hands of the recipients even if the corporation which declared the real
property dividends is engaged in real estate business.
iii) The real property received in an exchange shall be treated as
ordinary asset in the hands of the case of a tax-free exchange by taxpayer not
engaged in real estate business to a taxpayer who is engaged in real estate
business, or to a taxpayer who, even if not engaged in real estate business,
will use in business the property received in exchange.
g) In the case of involuntary transfers of real properties, including
expropriations or foreclosure sale, the involuntariness of such sale shall have
no effect on the classification of such real property in the hands of the
involuntary seller, either as capital asset or ordinary asset as the case may
be.
13.) What is the basis in the valuation of property?
The value of the real property will be based on the selling price, fair
market value as determined by the Commissioner (zonal value) or the fair market
value as shown in the schedule of values of the Provincial or City Assessor,
whichever is higher.
If there is no zonal value, the taxable base is whichever is higher of
the gross selling price per sales documents or the fair market value that
appears in the latest tax declaration.
If there is an improvement, the FMV per latest tax declaration at the
time of the sale or disposition, duly certified by the City/Municipal Assessor
shall be used. No adjustments shall be added on the said value, provided that
the tax declaration bears the upgraded fair market value of the said property
pursuant to Section 219 of R.A. No. 7160, otherwise known as the Local
Government Code of 1991 and the last paragraph of the Local Assessment
Regulations No. 1-92 dated October 6, 1992.
In case the tax declaration being presented was issued three (3) or more
years prior to the date of sale or disposition of the real property, the
seller/transferor shall be required to submit a certification from the
City/Municipal Assessor whether or not the same is still the latest tax
declaration covering the said real property. Otherwise, the taxpayer shall
secure its latest tax declaration and shall submit a copy thereof duly
certified by the said Assessor. (RAMO 1-2001)
For shares of stocks, it will be based on the net capital gains realized
from the sale, barter, exchange or other disposition of shares of stocks in a
domestic corporation, considered as capital assets not traded through the local
stock exchange.
14.) What is meant by "Net Capital Gains"? (Sec 2(o) of RR
6-2008)
"Net Capital Gain" means the excess of the gains from sales or
exchanges of capital assets over the losses from such sales or exchanges.
15.) What are the rules for the determination of amount and recognition
of gain or loss in the sale, barter, or exchange of shares of stock not traded
through the Local Stock exchange? (Sec 7(c ) of RR 6-2008)
(A.) Determination of Selling Price. — In determining the selling price,
the following rules shall apply:
(a.1) In the case of cash sale, the selling price shall be the total
consideration per deed of sale.
(a.2) If the total consideration of the sale or disposition consists partly in money and partly in kind, the selling price shall be sum of money and the fair market value of the property received.
(a.3) In the case of exchange, the selling price shall be the fair market value of the property received.
(a.4) In case the fair market value of the shares of stock sold, bartered, or exchanged is greater than the amount of money and/or fair market value of the property received, the excess of the fair market value of the shares of stock sold, bartered or exchanged over the amount of money and the fair market value of the property, if any, received as consideration shall be deemed a gift subject to the donor's tax under sec. 100 of the Tax Code, as amended.
(a.2) If the total consideration of the sale or disposition consists partly in money and partly in kind, the selling price shall be sum of money and the fair market value of the property received.
(a.3) In the case of exchange, the selling price shall be the fair market value of the property received.
(a.4) In case the fair market value of the shares of stock sold, bartered, or exchanged is greater than the amount of money and/or fair market value of the property received, the excess of the fair market value of the shares of stock sold, bartered or exchanged over the amount of money and the fair market value of the property, if any, received as consideration shall be deemed a gift subject to the donor's tax under sec. 100 of the Tax Code, as amended.
(B.) Definition of "fair market value" of the Shares of Stock.
(b.1) In the case of listed shares which were sold, transferred or
exchanged outside of the trading system and/or facilities of the Local Stock
Exchange, the closing price on the day when the shares are sold, transferred,
or exchanged. When no sale is made in the Local Stock Exchange on the day when
the Listed shares are sold, transferred, or exchanged, the closing price on the
day nearest to the date of sale, transfer or exchange of the shares shall be
the fair market value. Sec 2 of RR 6-2013
(b.2) In the case of shares of stock not listed and traded in the local stock exchanges, the value of the shares of stock at the time of sale shall be the fair market value. In determining the value of the shares, the Adjusted Net Asset Method shall be used whereby all assets and liabilities are adjusted to fair market values. The net of adjusted asset minus the liability values is the indicated value of the equity.
(b.2) In the case of shares of stock not listed and traded in the local stock exchanges, the value of the shares of stock at the time of sale shall be the fair market value. In determining the value of the shares, the Adjusted Net Asset Method shall be used whereby all assets and liabilities are adjusted to fair market values. The net of adjusted asset minus the liability values is the indicated value of the equity.
The appraised value of real property at the time of sale shall be the
higher of –
(1) The fair market value as determined by the Commissioner, or
(2) The fair market value as shown in the schedule of valued fixed by the Provincial and City Assessors, or
(3) The fair market value as determined by Independent Appraiser.
(2) The fair market value as shown in the schedule of valued fixed by the Provincial and City Assessors, or
(3) The fair market value as determined by Independent Appraiser.
(b.3) In the case of a unit of participation in any association,
recreation or amusement club (such as golf, polo, or similar clubs), the fair
market value thereof shall be its selling price or the bid price nearest
published in any newspaper or publication of general circulation, whichever is
higher.
(C.) Determination of Gain or Loss from Sale or Disposition of Shares of
Stock. — The gain from the sale or other disposition Stock. — The gain from the
sale or other disposition of shares of stock shall be the excess of the amount
realized therefrom over the basis or adjusted basis for determining gain, and
the loss shall be the excess of the basis or adjusted basis for determining
loss over the amount realized. The amount realized from the sale or other disposition
of property shall be the sum of money received plus the fair market value of
the property (other than money) received, if any.
16.) What are the applicable tax rates of Capital Gains Tax under the
National Internal Revenue Code of 1997?
a) Real Properties - 6 %
b) For Shares of Stocks not Traded in the Stock Exchange, on the net
Capital Gains
- Not over P100,000 - 5%
- Any amount in excess of P100,000 - 10%
- Any amount in excess of P100,000 - 10%
17.) Who are required to file the Final Capital Gains Tax return?
Every person, whether natural or juridical, resident or non-resident,
including estates and trusts, who sells, transfers, exchanges or disposes real
properties located in the Philippines classified as capital assets, including
pacto de retro sales and other forms of conditional sales or shares of stocks
in domestic corporations not traded through the local stock exchange classified
as capital assets.
18.) What is the procedure in the filing of Final Capital Gains Tax
return?
File the Final Capital Gains Tax return in triplicate (two copies for
the BIR and one copy for the taxpayer) with the Authorized Agent Bank (AAB) in
the Revenue District where the seller or transferor is registered, for shares
of stocks or where the property is located, for real property. In places where
there are no AAB, the return will be filed directly with the Revenue Collection
Officer or Authorized City or Municipal Treasurer.
19.) Who/what are considered exempt from the payment of Final Capital
Gains Tax?
·
- Dealer in securities, regularly engaged in the buying and selling
of securities
- An entity exempt from the payment of income tax under existing
investment incentives and other special laws
- An individual or non-individual exchanging real property solely
for shares of stocks resulting in corporate control
- A government entity or government-owned or controlled corporation
selling real property
- If the disposition of the real property is gratuitous in nature
- Where the disposition is pursuant to the CARP law
20.) Who are conditionally exempt from the payment of Final Capital
Gains Tax?
Natural persons who dispose their principal residence, provided that the
following criteria are met:
·
- The proceeds of the sale of the principal residence have been
fully utilized in acquiring or constructing new principal residence
within eighteen (18) calendar months from the date of sale or
disposition;
- The historical cost or adjusted basis of the real property sold or
disposed will be carried over to the new principal residence built or
acquired;
- The Commissioner has been duly notified, through a prescribed
return, within thirty (30) days from the date of sale or disposition of
the person’s intention to avail of the tax exemption;
- Exemption was availed only once every ten (10) years; and
- There is no full utilization of the proceeds of sale or
disposition. The portion of the gain presumed to have been realized from
the sale or disposition will be subject to Capital Gains Tax.
- In case of sale/transfer of principal residence, the
Buyer/Transferee shall withhold from the seller and shall deduct from the
agreed selling price/consideration the 6% capital gains tax which shall
be deposited in cash or manager’s check in interest-bearing account with an
Authorized Agent Bank (AAB) under an Escrow Agreement between the
concerned Revenue District Officer, the Seller and the Transferee, and
the AAB to the effect that the amount so deposited, including its
interest yield, shall only be released to such Transferor upon
certification by the said RDO that the proceeds of the sale/disposition
thereof has, in fact, been utilized in the acquisition or construction of
the Seller/Transferor’s new principal residence within eighteen (18)
calendar months from date of the said sale or disposition. The date of
sale or disposition of a property refers to the date of notarization of
the document evidencing the transfer of said property. In general, the
term “Escrow” means a scroll, writing or deed, delivered by the grantor,
promisor or obligor into the hands of a third person, to be held by the
latter until the happening of a contingency or performance of a
condition, and then by him delivered to the grantee, promise or obligee.
21.) What is a Certificate Authorizing Registration?
Certificate Authorizing Registration (CAR) is a certification issued by
the Commissioner or his duly authorized representative attesting that the
transfer and conveyance of land, buildings/improvements or shares of stock
arising from sale, barter or exchange have been reported and the taxes due
inclusive of the documentary stamp tax, have been fully paid.
With the implementation of the Electronic Certificate Authorizing
Registration (eCAR) System, the CAR shall now be electronically generated.
22.) What is eCAR System?
eCAR stands for Electronic Certificate Authorizing Registration. A
web-based facility that automates the generation of CAR with barcode, eCAR will
also enable electronic linkage between the BIR and the Land Registration
Authority. (Participant Guide)
eCARs shall have a validity of one (1) year from date of issue. For
other manually issued CARs that are outstanding and not yet presented to the
Register of Deeds, i.e., CARs more than one (1) year from the date of issuance
which are due for revalidation and expired CARs which are more than two (2)
years from the date of issuance, are not anymore valid for presentation to the
Registry of Deeds. The said CARs shall be replaced with an eCAR by the
concerned Revenue District Offices or Large Taxpayers Divisions. A
certification fee shall be charged for each released eCAR issued/reprinted
after affixture of P15.00 Documentary Stamp Tax on Certificates (Sec 188 of the
NIRC of 1997) and the prescribed Certification Fee of One Hundred Pesos
(P100.00) under Executive Order No. 197 to the taxpayer/authorized
representative.
23.)
How do we determine the fair market value of shares of stocks not traded
through the Local Stock Exchange?
In
determining the value of the shares, the Adjusted Net Asset Method shall be
used whereby all assets and liabilities are adjusted to fair market values. The
net of adjusted asset minus the adjusted liability value is the indicated value
of the equity.
For
purposes of this item, the appraised value of real property at the time of sale
shall be the highest among the following:
(a) The fair market value as
determined by the Commissioner, or
(b) The fair market value as shown in the schedule of values
fixed by the Provincial and City Assessors, or
(c) The fair market value as
determined by Independent Appraiser. (RR NO. 6-2013)
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