Real Estate Matter - Deed of Sale

In buying lands, buyer should be aware on the taxes to be paid after notarization. These are the things to be done in transferring title from owner to buyer;

1. After the price has already been agreed, the seller will sign the necessary document called Deed of Absolute Sale stating therewith the price and the Technical Description of the land in front of a Notary Public. Negotiate first the Notarization pay of the lawyer.
2. After the Notarization of the Deed of Absolute Sale, the taxes to be paid are;

• Capital Gains Tax - This is a tax levied to the owner for the gains of the sale of the land. The documents to be attached to the Deed of Sale are; A. Tax Declaration of the Land from the Municipal Assessor from where the land is located, B. Certificate of No Improvements on the land if there is no existing building. The BIR examiner will then impose a 6.0 percent on which ever is higher value between the Zonal Value, Tax  Declaration and the price stated in the Deed of Sale.
• Documentary Stamp Tax - As per Philippine Documentary Stamp Tax Law, the BIR will impose on the sale a 1.5 percent on which ever is higher value between the Zonal Value, Tax Declaration and the price stated in the Deed of Sale. After payment of both, the BIR will then issue a tax clearance on the sale of the land.
• Transfer Tax - This is to be paid at the Provincial Treasurer's Office where the land is located.

       3.  If only a portion of the land was being sold. the said portion of the land should be surveyed by a    Licensed Geodetic Engineer and wait for the approval of the plan from the DENR. If the whole lot was being sold, no need for a survey.

        4. Proceed then to the Registry of Deeds in the province and have the land issued a new title in the name of the buyer. Necessary payments will be imposed by the Registry of Deeds.

        5. After the issuance of a new title, have it declared at the Municipal Assessor's Office.

In most the cases, the buyer will shoulder all the necessary expenses if not agreed beforehand between the seller and the buyer.