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Deed of donation: must it be notarized immediately?

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meiji15


Arresto Menor
My uncle donated a property to his sister. The latter, as of the moment, doesn't want that the title to the prop be in her name.

Is it okay for the deed of donation not be notarized immediately after execution? Will there be any penalty or fine that'd imposed for not notarizing the doc immediately like fine to be imposed by the BIR re:donor's tax?

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taxconsultantdavao


Reclusion Perpetua
as of the meantime, that unnotarized deed of donation is without legal effect yet. under the civil code, the donation by the donor and the acceptance by the donee of the said donation must be embodied in a public document for the donation to be valid. otherwise, it is just a mere scrap of paper.

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karl704


Prision Mayor
i dont think there is a fine for not notarizing the deed.on the other hand, if you have it notarized now, the period to pay donor's tax starts.period within which to pay donors tax starts from notarization, like in deeds of sale.so better not to notarize the doc yet.

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Ladie


Prision Mayor
I agree with "taxconsultantdavao". My sister donated a piece of land to her granddaughter and had the deed of donation all signed and notarized; however, the donor's tax was not paid immediately and the BIR added some sort of surcharges/penalties for not paying the donor's tax with a certain period of time (I think this is provided in BIR rules and regulations). So, because of the penalties, my sister had the deed of donation cancelled and had another deed of donation, so wala ng penalty but the corresponding donor's tax is the same.

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