land title transfer name
1 land title transfer name on Thu Jul 23, 2015 6:19 pm
2 Re: land title transfer name on Fri Jul 24, 2015 3:30 pm
If you are an only child, hence, the sole heir, what you will need to do is to execute an Affidavit of Self-Adjudication filed in triplicate copy with the Registry of Deeds where the property is located.
Here's a copy of the said affidavit:
But you must take note that before you can adjudicate the entire property to yourself, the following requirements should be met first:
1. Your parents left no will
2. Your parents have no debts or the debts have been fully paid
You will be required by Registry of Deeds to pay a bond equal to the value of the concerned personal properties of your parents (if there by any) and publish the Affidavit of Self-Adjudication
You will also be required to pay the estate tax and penalties and other taxes with the BIR which will in turn issue a Certificate Authorizing Registration to be filed with the Registry of Deeds to process the transfer of title to your name.
1) Notice of Death duly received by the BIR
2) Certified true copy of the Death Certificate of registered owner of property.
3) Affidavit of Self-Adjudication
4) Certified true copy(ies) of the Transfer/Original/Certificate of Title(s) of real property(ies) (front and back pages).
5) Certified true copy of the latest Tax Declaration of real properties at the time of death.
It bears great emphasis that the Estate Tax Return must be filed within six (6) months from the decedent’s death. The deadline may be extended by the Commissioner of the BIR, in meritorious cases, not exceeding thirty (30) days. It must be noted that the estate itself is assigned its own Tax Identification Number (TIN). The Estate Tax Return is filed with Revenue District Office (RDO) having jurisdiction over the place of residence of the decedent at the time of his death. If the decedent has no legal residence in the Philippines, then the return can be filed with:
1. The Office of the Revenue District Officer, Revenue District Office No. 39, South Quezon City; or
2. The Philippine Embassy or Consulate in the country where decedent is residing at the time of his death.
Furthermore, the estate tax shall be paid at the time the return is filed. However, upon request and if the Commissioner of the BIR finds that payment on the due date of the Estate Tax or of any part thereof would impose undue hardship upon the estate or any of the heirs, he may extend the time for payment of such tax or any part thereof not to exceed five (5) years, in case the estate is settled through the courts or two (2) years in case the estate is settled extra-judicially. If an extension is granted, the BIR Commissioner may require a bond in such amount, not exceeding double the amount of tax, as it deems necessary.
The estate tax is based on the value of the net estate as follows:
1. If not over P200,000, it is exempt
2. If over P200,000 but not over P500,000, then tax is 5% of the excess over P200,000
3. If over P500,000 but not over P2,000,000, then tax is P15,000 PLUS 8% of the excess over P500,000
4. If over P2,000,000 but not over P5,000,000, then tax is P135,000 PLUS 11% of the excess over P2,000,000
5. If over P5,000,000 but not over P10,000,000, then tax is P465,000 PLUS 15% of the excess over P5,000,000
6. If over P10,000,000, then tax is P1,215,000 PLUS 20% of the excess over P10,000,000
The basis shall be the net estate. That means that there are allowable deductions on the estate. These deductions include funeral expenses, share of the surviving spouse, medical expenses incurred by the decedent within 1 year prior to his death, family home deduction of not more than P1,000,000.00, standard deduction of P1,000,000.00, among others. It is best to consult with an accountant on this matter to determine the accurate estate tax.
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