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Here in The Philippines
Here in The Philippines
How to transfer lot title in the Philippines may not be relevant to you if you are not a real estate
professional, a property seller or a property buyer. The moment you sell or buy a property, the
transfer of title process becomes something that you may want to know about.
In a property purchase process, it should be made clear to all parties involved – seller, listing
broker, buyer and buyer’s broker – who should be doing the title transfer. That should have been
agreed on from the start.
If you are the buyer, it is in your best interest to know how to transfer land title to new owner,
namely: YOU. You may want to do this yourself, on the assumption that you have the time and
the patience to go through with it. Alternatively, you can hire the services of a lawyer, a licensed
real estate broker or a title transfer company, for a certain service fee. Service fees vary
depending on the location of the property.
Note that we refer to it as a land title transfer procedure but the same goes when transferring title
for a condominium.
Now, before the step-by-step guide on how to transfer land titles, we assume that both parties,
the seller and the buyer have had a meeting of the minds and have executed a document to
effect the conveyance of the property. This deed of conveyance for a sale (for example), referred
to as a Deed of Absolute Sale, spells out the details of the subject property, the selling price and
the parties involved.
Note on Notarization
A notarized document signifies that both parties appeared before a notary public and executed
the deed. The act of notarization makes the document a public document.
If one or more than one of the signatories to a deed of conveyance are based abroad, the
contract must be Apostilled in the country where the signatory/signatories reside. Or, if the
seller/s or buyer/s does not reside in the Philippines or, for some reason, cannot be present for
the signing of the contract, the concerned party can appoint an Attorney-in-Fact to sign on their
behalf by producing a notarized Special Power of Attorney.
SPAs should have an entire chapter devoted to it but the key things to remember:
The SPA should clearly state what the Attorney-in-Fact can do: To sell? To lease? To
receive the proceeds on behalf of the seller? To deposit the proceeds to the seller’s
bank account?
An SPA is extinguished by the death of the person granting the special power and the
death of the attorney-in-fact. This is why the Bureau of Internal Revenue and the
Registry of Deeds would often require that you present a “fresh” SPA – preferably
under 1 year.
Some institutions, like banks, have a specific format for the SPAs acceptable to them.
Photocopies of IDs of all signatories in the deed; all photocopies must have 3 signatures
of the owner of the ID; IDs are called “competent evidence of identity” and are defined
as a “current identification document issued by an official agency bearing the
photograph and signature of the individual”. Examples: Valid Passport, Valid Driver’s
License, Valid license cards issued by the Professional Regulations Commission, etc.
Important: Do not use expired IDs.
Official Receipt of the Notary Public for the notarization of the deed.
Certified True Copy of the Title (Get 3 copies.) You will get this from the Registry of
Deeds that has jurisdiction over the property.
Certified true copy of the latest Tax Declaration. When you request for the certified true
copies of the latest Tax Declaration indicate for “BIR Purposes”. Please take note that
there are separate tax declarations for the land and for the improvement (ex. house,
building). The Tax Declaration is issued by the Assessor’s Office of the city or
municipality where the property is located.
Tax Clearance – Issued by the Office of the Treasurer of the city or municipality. This
certifies that the Real Property Taxes for the property, both the land and improvements,
have been paid.Requirements to get a Tax Clearance:
Latest Tax Declaration
Latest Official Receipts of Real Property Tax payments
Previous Tax Clearance (if any)
SPA and valid ID if the requesting party is not the registered owner
Clearance from the Homeowners Association (HOA) if property, whether lot, house and
lot, lot with building, is located inside a subdivision or Management Certificate if
property is a condominium unit. Both the HOA Clearance and Management Certificate
prove that the seller has settled all HOA/condo dues for the year. The certificate also
indicates if the property has been leased. Note: Have this certificate notarized.
Marriage certificate (for married sellers and buyers)
Birth certificate (only when applicable). In cases of Deed of Donation proving relationship
between donor and donee or Extra-Judicial Settlement to prove relationship between
decedent and heirs.
Certificate of No Marriage (Cenomar) (only when applicable). Needed if seller or buyer is
single. Please take note that the Cenomar is valid only for six (6) months from issuance
by the Philippine Statistics Authority (PSA)
For lots-only sale: Certificate of No Improvement. Secure this from the Assessor’s Office
of the city or municipality
3” x 5” color photos of the property frontage or facade
Land and House – Photo showing the front outside of the house including
the house number.
Condominium – Photo showing the building with the building name visible.
Photo of the unit door with the door number visible.
Location map – just print a Google Map pertaining to the property.
Owner’s Duplicate Copy of the Title
Transfer Certificate of Title (TCT) – for land or house and lot or lot with
improvement
Condominium Certificate of Title (CCT) – for a residential condominium,
office condominium or parking unit
Special Power of Attorney to Process the Title Transfer – if someone else shall process
your title transfer. This SPA shall be required by the BIR, LGU Treasurer’s Office,
Registry of Deeds, and LGU Assessor’s Office. Important: It should be signed by
the seller.
STEP 1.A – END RESULT: You will get an official computation of the Capital Gains Tax (or
Value-Added Tax, Creditable Withholding Tax – whichever is applicable) and the
Documentary Stamp Tax, signed by a BIR Officer in the RDO.
Submit the documents required to the BIR’s Revenue District Office (RDO) that has jurisdiction
over the sold property. Note: BIR organized the Revenue District Offices per geographic area. For
more information as to which Revenue District Office your property belongs, please visit
www.bir.gov.ph.
Where to Transact: BIR Revenue District Office that has jurisdiction over the property
NOTE: To avoid penalties and surcharges, the Capital Gains Tax / Value-Added Tax should be
paid thirty (30) days from notarization date and the Documentary Stamp Tax should be paid on
the nearest 5th day of the month following the notarization date. Be very careful of the date when
your deed of conveyance will be notarized.
You now have an official computation, go to Step 1.B.
STEP 1.B – END RESULT: Capital Gains Tax or Value-Added Tax and Documentary Stamp
Taxes are paid; BIR forms stamped “received” by the Authorized Agent Bank; the stamped
BIR returns are proofs of payments
Go to the Authorized Agent Bank and pay for the Capital Gains Tax or Value-Added Tax and
Documentary Stamp Tax.
Documents Required:
STEP 1.C – END RESULT: Secure the Certificate Authorizing Registration (CAR) from the
BIR
Submit all documents listed in Step 1.A and Step 1.B to the BIR RDO. (except item #5 under Step
1.B since you’ve already paid it at the Authorized Agent Bank).
You will receive a time estimate of when the CAR and the documents you submitted will be
available for pickup. This used to take about 2 weeks. It should be faster now with the
government’s anti-red tape campaign.
Go back to the BIR RDO on the scheduled date. Pay the fee for the certificate. Important: Keep
the receipt. This is additional proof that the Certificate Authorizing Registration (CAR) is authentic
and valid.
Pickup the CAR, the supporting documents, most specially, the original deed of conveyance
stamped “Received by BIR” and signed by an RDO Officer at the back.
The CAR you will receive has 2 copies: one blue color for use for the transfer and one brown as
your copy. Important: Safekeep the brown copy of the CAR with your new title and tax declaration
once it comes out.
Where to Transact: Bureau of Internal Revenue – Revenue District Office that has jurisdiction
over your property.
You now have the CAR, go to STEP 2!
FEATURED PROPERTIES
Submit documents (#1 to #6) plus the BIR Certificate Authorizing Registration to the Treasurer’s
Office of the Local Government Unit.
The Treasurer’s Office computes for the transfer tax. Pay the transfer tax. You can pay in cash or
via Manager’s Check. This will take just a few minutes.
TIP: The Transfer Tax is due sixty (60) days from the Notarization Date of the deed of
conveyance. What if it’s already 50 days and you still don’t have the CAR from the BIR? You can
actually explain this to the Treasurer’s Office and pay for the Transfer Tax ahead of the issuance
of the CAR. This saves you from the penalties if you fail to pay the Transfer Tax on time. The
Treasurer’s Office will issue an Official Receipt for your Transfer Tax payment but you’ll still need
to go back to them once the CAR and the supporting documents are released by the BIR to have
the deed of conveyance stamped. Note: The Treasurer’s Office may require you to submit an
original (not photocopy) of the notarized deed of conveyance. Aren’t you glad you have an extra
copy?
END RESULT: Official Receipt from the LGU’s Treasurer’s Office proving payment of the
Transfer Tax and a rubber stamped mark by the Treasurer’s Office at the back of the deed of
conveyance; some LGUs also release a tax certificate. You now have one original set of the
conveyance document with rubber stamped marks signed by the BIR and the LGU’s Treasurers
Office.
Submit documents to the Registry of Deeds. The RD computes for the registration fees. Pay the
registration fees. It normally takes about 2 weeks to produce the new title. It should be faster now.
As a result of the Covid-19 pandemic and the consequent lockdowns (ECQ, MECQ, GCQ, etc.),
expect delays. For example: the Registry of Deeds of Quezon City would only allow 20-25
transactions (transfers, etc.) daily. People line up as early as 3AM just to get a number!
Documents Required:
END RESULT: Assessor’s Office issues a new tax declaration. New owner pays the assessment
fees under the new tax declaration.
Documents Required:
Certified true copy of the new title or Photocopy of New Title but present original Owner’s
copy of the new title
Photocopy of the previous title
Deed of conveyance
Certified true copy of latest Tax Declaration (For BIR purposes)
Transfer Tax Receipt (original and 2 photocopies)
If previous owner is a corporation: Business Tax Receipt / Business Permit (original and
2 photocopies)
BIR Certificate Authorizing Registration (Duplicate and photocopy)
Tax Clearance (original and photocopy)
Photos of property
Subdivision plan if land is subdivided
Where to Transact: Assessor’s Office of the Local Government Unit
Safekeep:
Your New Title
Your New Tax Declaration
The brown copy of the BIR CAR