How to Transfer Property Title in the Philippines – A Step by Step Guide

November 7, 2024
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Learn how to transfer property title in the Philippines, including requirements, fees, and documents needed for a smooth real estate ownership transfer.

Documentary Requirements

1. Deed of Conveyance

  • Required Document: This includes a Deed of Absolute Sale (DOAS), Extrajudicial Settlement of Estate with Sale (EJS with Sale), or a Deed of Donation, depending on the transaction type.
  • Copies Needed: Prepare 8 copies for distribution to relevant parties and government agencies.
  • Key Requirements:
    • Include TIN numbers of both parties and ensure all names are spelled consistently with IDs.
    • Both the Deed and Acknowledgment Receipt must be notarized.

2. Photocopies of IDs

  • Submit photocopies of valid IDs for all signatories. Ensure each photocopy has three signatures of the ID owner and that IDs are current.

3. Official Receipt for Notarization

  • Keep the notarization receipt as proof of the transaction’s authenticity.

4. Certified True Copy of the Title

  • Obtain this from the Registry of Deeds in the jurisdiction where the property is located.

5. Tax Declaration (Certified True Copy)

  • Request this from the Assessor’s Office for BIR purposes. Note: Separate declarations may be needed for land and improvements.

6. Tax Clearance

  • Issued by the Treasurer’s Office, this certifies that real property taxes have been paid. Requirements include the latest tax declaration, recent tax payment receipts, and previous tax clearance if applicable.

7. Certificate of Management from Homeowners’ Association or Condo Admin

  • Obtain this if the property is part of a subdivision or condominium.

8. Marriage Certificate or Birth Certificate (When Applicable)

  • Required for verifying relationships in cases involving donation or estate settlement.

9. Certificate of No Marriage (CENOMAR)

  • For single sellers or buyers, valid for six months from issuance.

10. Additional Documents for Land-Only Sales

  • A Certificate of No Improvement is required from the Assessor’s Office.

Steps to Transfer Property Title in the Philippines

Step 1: Bureau of Internal Revenue (BIR)

  • Objective: Secure the computation for Capital Gains Tax (CGT) or other applicable taxes.
  • Documents Needed: Present items #1 to #11 above.
  • Procedure:
    • Submit the documents to the BIR’s Revenue District Office (RDO) where the property is located.
    • File and Pay Taxes: Complete the Capital Gains Tax Return (BIR Form 1706) within 30 days of notarization, and Documentary Stamp Tax by the nearest 5th day of the month after notarization.
  • Payment Options: Authorized Agent Banks (AABs) or electronic payment options like GCash.
  • End Result: Obtain the official computation, pay taxes, and receive stamped BIR forms as proof of payment.

Step 2: Obtain Certificate Authorizing Registration (CAR) from BIR

  • Requirements: Return to the BIR with the stamped BIR forms to secure the CAR.
  • End Result: The CAR allows you to move forward with the title transfer. This document confirms that taxes are paid and that the BIR authorizes the registration of the transfer.

Step 3: Treasurer’s Office of the Local Government Unit (LGU)

  • Objective: Pay the Transfer Tax at the Treasurer’s Office within 60 days from the notarization date.
  • Documents Needed: CAR, plus items #1 to #6, #11, and #15.
  • End Result: Receipt of the Transfer Tax payment, allowing you to proceed to the Registry of Deeds.

Step 4: Registry of Deeds

  • Objective: Finalize the transfer by submitting all documents to the Registry of Deeds for title issuance.
  • Required Documents: Items #1 to #15 plus the CAR and transfer tax receipt.
  • End Result: After processing, you’ll receive the new title under the buyer’s name. Processing time varies depending on the office’s workload.

Key Tips to Transfer Property Title Successfully

  • Check Documentation Carefully: Ensure all names and signatures match across the deed, IDs, and other documents.
  • Meet Payment Deadlines: Avoid penalties by adhering to BIR and LGU deadlines for tax payments.
  • Secure the CAR Promptly: Delays with the CAR can hold up your transaction, so follow up if necessary.
  • Consult a Professional if Needed: For complex cases, consider hiring a licensed real estate broker or attorney.

Looking to buy property in the Philippines? Start with our Buyer’s Guide to navigate the process confidently, and when you’re ready, explore our Latest Listings to find the perfect property!

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