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NO available CAR in Binangonan Registry of Deeds

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rosauro_romero


Arresto Menor
At present i am selling my house and lot located n Cainta Rizal, which I have acquired in 2008.

In order to register the said property under the name of the buyer,  was asked to present a copy of the Certificate Authorizing Registration (CAR) of the property between me and the previous owner. I can not provide it since i do not have a copy. I tried to secure a certified true copy of the CAR in the registry of deeds of Binangonan, Rizal.  Unfortunately, i was told that at present they cannot locate a copy of the CAR because they are still in the process of computerizing the legal documents in their possession. Instead they issued a Certificate that the CAR i am requesting can not be found. Now my questions are the ff:

1)  Do i have to pay any charges/penalties if i can not produce the required CAR?
2)  if yes how much? Can you pls elaborate  the computation?  

Would appreciate receiving your legal advise.

Thank you!

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betchay001


Prision Mayor
The CAR is issued from the BIR. They issue that upon payment of taxes when you sell the lot. Since you are selling the property now, you will have to pay capital gains tax and docs stamp tax at BIR, and the BIR will issue the CAR to be presented to RD when transfer of registration is effected.

To answer your questions:
1. If you cannot produce the required CAR then no transfer of registration will be done. So you have to secure the CAR.
2. Penalties are meted by BIR. There is no penalty when you transfer registration at RD. There are only fees to be paid.

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rosauro_romero


Arresto Menor

Can I know what's the Basis of the BIR in computing penalties and other charges incase of filing the late CAR?

How about the procedure in filing the late Car if I can not produce the required documents?










a late filing of CAR.

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rosauro_romero


Arresto Menor
Thanks again.

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betchay001


Prision Mayor
rosauro_romero wrote:
Can I know  what's the Basis of the BIR in computing penalties  and other charges incase of filing  the late CAR?

How about the procedure in filing the late Car if I can not produce the required documents?

----
A little clarification:
There's no late filing of the Certificate Authorizing Registration.  Basically it's a certificate issued by the BIR stating that the seller/buyer have paid the correct taxes in accordance to the documents presented.  

When the property was sold to you, taxes were paid, so BIR issued a CAR which was presented to the RD in order to transfer the registration of the lot in your name.

When you are selling the same property, you will have to pay taxes (again, yes) at BIR using documents you and the new buyer will execute or have executed.  The BIR will issue a new CAR which will be presented to the RD so that the title will be registered in the new buyer's name, and your title will now be cancelled.

The old CAR (CAR that was issued when you bought that property) can NOT be used to effect transfer to a new buyer. Plus it is only valid for up to a year only.

I hope this helps.  For more information, you may go to www.bir.gov.ph.  








a late filing of CAR.

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rosauro_romero


Arresto Menor

Thanks betchay001 for the help.Merry Christmas and God bless.

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