I need legal advice please help us, we are really confused, situation is, my mom's primary property or home was mortgaged and was about to be foreclosed, one of our uncles decided to help by paying off the mortgaged property, out of delicadeza and since my mom is also not interested with the property anymore, she wants to have the title transferred to the name of my uncle, now we dont know which will be better have a Deed of Sale executed since the CGT will be waived bec it is her primary home that was sold or do a Donation bec technically it was really not sold we just wanted to have it transferred to the name of the person who paid the for the property's mortgage. Please help us, bec to be honest we do not have enough funds to have all these done and the cleaning of the title has already cost as so much. Thank you in advance....

The cap gains tax can only be refunded if your mother can show to BIR that she bought another primary home that is equivalent or higher to the amount you will declare in the Deed of Sale. You still have to initially pay the cap gains tax to BIR. It will only be refunded once you can prove that you used the proceeds of the sale to buy another primary house of equivalent or higher value.

Thanks for the reply, Im aware of that I saw BIR's website, however we did not gain anything from the sale, my uncle just paid for the mortgage value so the house wont be foreclosed so does that mean that we need to pay for the CGT even if we did not get anything out of this transaction?

I think you will save on transfer cost if you will execute Deed of Donation if your uncle is the brother of your mother. Better yet, if you can convince your uncle to pay the all transfer costs since Im sure he bought the property way below the market value.

SAAN KO PO BANG WEBSITTE E CHECK KONG NARELEASE BA AND TITLE NAMIN SA LUPA MAY CTC# AT EPEB# NA PO AKO .. DI KO LANG PO ALAM KONG PAANO ECHECK

www.lra.gov.ph go to CHECK STATUS ONLINE

ano po ba ang mas matipid gawin deed of sale or deed of donation...and ano ang mas less pag rinehisto mo at sa transfer?

Ano po ba ang procedure upang ang lupa na donate ng magulang (noong buhay pa sila) upang tayuan ng barangay hall ma revert po sa kanilang mga anak.

Salamat.