On Capital Gains Tax, Documentary Stamp Tax, Estate Tax, Donor’s Tax, and how these taxes relate to land valuation
Capital gains tax is the ordinary tax if one is engaged in real estate, particularly in the transfer of title. In a nutshell, it is under the National Internal Revenue Code Provisions, Section 39, which deals with the Capital Gains from the Sale of Real Property. It states that notwithstanding, a final tax of six percent (6%) based on the gross selling price or current fair market value as determined under Section 6(E) of the Civil Code, whichever is higher, is at this moment imposed upon capital gains. This tax is presumed to be realized from the sale, exchange, or other disposition of real property in the Philippines, classified as capital assets, including pacto de retro sales and other forms of conditional sales, by individuals, including estates and trusts.
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