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Application of VAT to 2 adjacent units in a preselling condo

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Broker anna

Arresto Menor
I have a cousin who purchased 2 units from SMDC who is a citizen of Norway. When he bought the units last year, his agent gave him computations that showed VAT was not applicable. A year after, SM writes to him saying he has to pay VAT due to the BIR ruling. According to SM, this was a new law but being a broker of preselling properties I know this law has been in place for at least 2years now. My cousin wants a refund due to non-disclosure of such a law and SM is washing their hands saying this is not their fault. Is my cousin entitled to a full refund? What about the VAT--can he tell SM they should pay it since they already asked him to sign a CTS with the initial amount without vat?

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the legal remedy is to write a letter to smdc informing them that you are suspending payments and then filing a case at hlurb

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