Deed Of Sale Tax Declaration Template for Philippines

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Key Requirements PROMPT example:

Deed Of Sale Tax Declaration

"I need a Deed of Sale Tax Declaration for a commercial property transfer in Manila, Philippines, where the seller is a corporation and the buyer is a foreign investment company, with the transaction expected to close by March 2025."

Document background
The Deed of Sale Tax Declaration is a critical document in Philippine real estate transactions, required whenever real property is transferred between parties. This document type emerged from the need to combine property transfer documentation with tax compliance requirements under Philippine law. It serves two primary purposes: legally transferring property ownership and declaring the true value of the property for tax assessment. The document is mandated by various Philippine regulations, including the Civil Code, National Internal Revenue Code, and local government requirements. A properly executed Deed of Sale Tax Declaration is essential for protecting both parties' interests, ensuring proper tax assessment, and maintaining compliance with Philippine property and tax laws. It's particularly important as it helps prevent tax evasion and ensures proper valuation of property transfers.
Suggested Sections

1. Parties: Identifies the Vendor/Seller and Vendee/Buyer with complete names, civil status, citizenship, and addresses as required by Philippine law

2. Background: Establishes the Vendor's ownership of the property and intention to sell

3. Definitions: Defines key terms used in the deed including property description, purchase price, and tax-related terms

4. Property Description: Detailed technical description of the property including lot number, survey number, tax declaration number, and boundaries

5. Consideration: States the full purchase price and payment terms

6. Tax Declaration: Formal declaration of the true value of the property for tax purposes, including zonal value and latest tax assessment

7. Warranties of Title: Seller's warranties regarding clear title, absence of liens and encumbrances

8. Transfer of Rights: Formal transfer of all rights, title, and interests from seller to buyer

9. Tax Provisions: Specifies responsibility for various taxes including capital gains tax, documentary stamp tax, and transfer tax

10. Execution: Formal signing section with notarial requirements

Optional Sections

1. Broker's Certification: Required when a licensed real estate broker is involved in the transaction

2. Prior Encumbrances: Needed if there are existing liens or encumbrances that need to be disclosed

3. Payment Terms: Required when the payment is not made in full at signing but involves installments or special arrangements

4. Power of Attorney: Needed when either party is represented by an attorney-in-fact

5. Foreign Ownership Compliance: Required when the buyer is a foreign national, addressing compliance with Philippine foreign ownership restrictions

6. Marital Consent: Required when the seller is married and the property is conjugal

Suggested Schedules

1. Tax Declaration Certificate: Copy of the current tax declaration certificate from the local assessor's office

2. Property Title: Certified true copy of the Transfer Certificate of Title or Original Certificate of Title

3. Real Property Tax Clearance: Certificate showing all real property taxes are paid up to date

4. Location Plan: Technical description and layout of the property with boundaries

5. Tax Compliance Documents: Certificates of tax clearance, CGT payment, and DST payment

6. Zonal Value Certification: BIR certification of the property's zonal value for tax computation purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Legal Services

Government and Public Sector

Commercial Property

Residential Property

Industrial Property

Agricultural Property

Tourism and Hospitality

Relevant Teams

Legal

Real Estate

Property Management

Tax

Compliance

Corporate Secretariat

Documentation

Land Acquisition

Property Development

Finance

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Tax Consultant

Legal Counsel

Compliance Officer

Property Developer

Real Estate Agent

Tax Manager

Corporate Secretary

Legal Manager

Property Acquisition Manager

Real Estate Transaction Manager

Documentation Specialist

Land Registration Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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