Professional Documents
Culture Documents
Real Estate Consulting
Real Estate Consulting
GROUP 3
PRESENTED BY:
ALOUNA V. JACINTO
ABEGAIL A. BUSALPA
MA. ELENIE M. MANGSAT
CRISTINA ABUSTAN
MARK ANGELO F. RACCA
REAL ESTATE AS INVESTMENT
Rental is a robust part of the real estate economy here in the Philippines. There is a very healthy rental market for properties
here and this law that we will discuss today actually helps guide many of our people living here in the Philippines in renting
properties, both the landlord and the lessee.
A residential unit is defined in the Rent Control Act as: “Residential unit” shall refer to an apartment, house and/or land on which
another’s dwelling is located and is used for residential purposes shall include not only building houses, dormitories, rooms and bed
spaces offered for rent by their owners.
This law in particular covers all residential units in the National Capital Region and other highly urbanized cities which has a total
monthly rent for each residential unit ranging from One peso (P1.00) to Ten thousand pesos (P10,000.00) and all residential units in
all other areas, the total monthly rent for each of which ranges from One peso (P1.00) to Five thousand pesos (P5,000.00), without
prejudice to existing contracts.
PROPERTY RENTALS
5 Facts about Renting Properties in the Philippines
The maximum amount of increase in the rental is rate 7% per annum. You cannot increase higher than this because you will
simply be violating the law. If the unit becomes vacant, that will be the only time that you will have an opportunity as
landlord to reset the properties’ rental price to a new rate. Then it’s going to be 7% from then. If your tenant is the same
and they are just simply renewing on a yearly basis, the maximum escalation rate that you can apply for your rental is only
7%. That is provided by the law. You will find it in Section 4 of the Rent Control Act. It specifies that the rental rate will not
be more than 7% annually as long as it is occupied by the same lessee. In the case of dormitories, rooms and bed spaces, it
also specifies that the increase in rental rate should not be more than once per year. So, the law really protects the tenant
in this case. So, that the landlords, some people who would like to take advantage of the person because they’ve been
living there, they’ve been staying in the area for quite some time, they’re used to it and it’s their place of abode, it protects
the tenant or the lessee from unscrupulous malpractices by landlords who just want to jack up the price out of nowhere.
For example, you’re renting a property for P35,000 a month and he just suddenly wants to increase it to 500,000 pesos a
month, otherwise, he’s going to eject you. He can’t do that to you. The maximum is only 7% of his current rental rate that
you agreed with.
PROPERTY RENTALS
5 Facts about Renting Properties in the Philippines
2nd: The suggested date of payment is within the first five days of the month unless otherwise specified by the contract
The second fact that we have to know about the Rent Control Act is the suggested date of
payment is within the first five days of the month unless otherwise specified by the
contract. In the Rent Control Act under Section 7, the suggested date of payment or the
rent is within the first five days of that particular month, unless otherwise specified by the
contract and agreed with by both parties: the landlord and the lessee. That’s the suggested
date by the law. It’s not required but is only suggested. Because if you agreed with the
landlord that you’re comfortable paying the rent every 16thof the month because it’s after
the payday, and you’re able to sort out your finances that way, and if the landlord agrees
then it’s actually okay according to the law. But the suggested date is on the first five days
of that particular month.
PROPERTY RENTALS
5 Facts about Renting Properties in the Philippines
3rd: ON SUB-LEASING
The FIRST GROUND for ejectment is: subleasing the property without written
consent.
The SECOND GROUND for ejectment for the property that you’re leasing.
Three months arrears in payment.
The THIRD GROUND for ejectment is the legitimate need of the landlord to use
his property for the use of his relatives.
PROPERTY RENTALS
5 Facts about Renting Properties in the Philippines
The fifth fact is Protection against mortgage or sale of the property. According to
Section 10 of the Rent Control Act, no landlord will be allowed to eject a tenant by
reason of sale or mortgage of the property.
HOUSE FLIPPING
•Less tax-efficient
House Flipping
FAQs
What is the house
flipper 70% Rule?
-this so called golden rule:
the 70% rule, says that you
should pay no more than
70% of what you estimate
the house’s ARV(after-
repair value) to be.
Is flipping houses
profitable?
-flipping houses can be
quite profitable and quickly
bring you a lot of profit but
can also expose you to lot
of financial risk.
What are the best
houses to flip?
-the ones that have the
least amount of risk.
What are the worst
houses to flip?
-stay away from homes
that have been burned,
that are in a flood zone or
may be difficult to resell for
various reasons.
LEARNING
OUTCOME
Understand the fundamental
principles of real estate investment,
including risk, return, and liquidity.
The fundamental principles of real estate
investment encompass several key aspects:
1.Location 5.Risk Management
2.Supply and Demand 6.Tax Benefits
3.Cash Flow 7.Exit Strategy
4.Appreciation
Understand the fundamental
principles of real estate investment,
including risk, return, and liquidity.
Each approach has its strengths and limitations, and real estate
appraisers often use a combination of methods to arrive at a
comprehensive valuation.
RISKS ASSOCIATED WITH REAL ESTATE INVESTMENTS
For tax purposes, capital assets refer to all properties the taxpayer holds, excluding those primarily held for
sale to customers in the ordinary trade or business or those that form part of the taxpayer’s inventory or
stock in trade. The most common examples of capital assets are lands and buildings.
The Capital Gains Tax in the Philippines is only imposed on two types of capital assets: real properties and
shares of stocks.
Who pays the Capital Gains Tax in the Philippines?
The seller or transferor typically shoulders the Capital Gains Tax in the Philippines. It is applied to those
who sell, exchange or dispose of capital assets located within the country, regardless of whether they
are a natural or juridical entity, resident or non-resident, including estates and trusts.
It’s applied to the gains presumed to have been realized from the sale, exchange, or other means of
disposal of capital assets. Notably, the term sale includes pacto de retro sales and other forms of
conditional sales. A pacto de retro sale is a contract in which ownership of the property being sold is
immediately vested in the buyer, subject to the condition that the seller may repurchase it within a
certain period.
Therefore, anyone selling, exchanging, or otherwise disposing of capital assets in the Philippines
should expect to pay Capital Gains Tax.
Real Property: Capital gain tax on the sale of real property in the Philippines, classified as capital assets, is
taxed at a rate of 6% of the gross selling price or the current fair market value, whichever is higher. This
tax must be paid within 30 days following the sale.
Capital Gains Tax Requirements and Exemptions
1.TIN of sellers and buyers. TIN, short for Taxpayer Identification Number, is a unique code used to identify sellers and buyers for tax
purposes.
2.Notarized Deed of Absolute Sale or Deed of Transfer.
3.Certified True Copies of the Tax Declaration at the time or nearest to the transaction date, issued by the Local Assessor’s Office for
land and improvement.
4.Certified True Copies of Original/Transfer/Condominium Certificates of Title (OCT/TCT/CCT)
5.If applicable, a Special Power of Attorney (SPA) from the transacting party.
6.For cases wherein there is no improvement on the land, either a Sworn Declaration of No Improvement by at least one of the
transferees or a Certificate of No Improvement issued by the Assessor’s Office.
7.Receipt/Deposit Slip and duly validated return as proofs of payment of taxes.
8.If the seller or transferor is a corporation, a Secretary’s Certificate or Board Resolution approving the sale/transfer of the real
property and indicating the name and position of the authorized signatory to the Deed of Sale/Assignment.