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Deed of donation question

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1 Deed of donation question on Tue Feb 22, 2011 1:53 pm

Gcharlene


Arresto Menor
My aunt donated her share (1/5 of the total land her parents gave to them). I have a signed and notarized deed of donation. Gusto ko lang po makasiguro na akin na yung na-donate na propety kahit na wala pa sa title ang pangalan ko. May Laban po ba ako sa mga bagay na to Kung sakali po na may maghabol?

Thanks po

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2 Re: Deed of donation question on Tue Feb 22, 2011 3:00 pm

attyLLL


moderator
that's not enough, you need to pay donor's taxes and have the title transferred to you. who has the owner's duplicate?


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3 Re: Deed of donation question on Tue Feb 22, 2011 3:22 pm

almond


Arresto Menor
hi atty, the property owns by my parents and my father died many years ago, can we arrange for "deed of donation" now signed by my mother alone? and pay all the tax after her death?

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4 Re: Deed of donation question on Tue Feb 22, 2011 11:05 pm

Gcharlene


Arresto Menor
attyLLL wrote:that's not enough, you need to pay donor's taxes and have the title transferred to you. who has the owner's duplicate?

Does that mean na bale wala po ba yung hawak kong deed of donation na nakaNotarized po?

Pasensya na po we are new to this and we really just need some advise. Addt'l question po. If the Deed of donation does not suffice to prove our right for the property; ano pong next step n pwde naming gawin?

Ganito po kase. 5 po silang magkakapatid na nakalagay sa Title. The title is with me bec I am the caretaker of the property. Lahat ng magkakapatid (kaming lahat) nakatira sa property na ito now. The eldest from the 5siblings (w/c is my Aunt) donated her share to me. I have cousins that are really envious. Nasa states na po ung aunt namin after the donation. And she is getting old. So gusto lng po namin makaSure na worst case scenario-- may right po kami sa share namin.

Maraming salamat po.

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5 Re: Deed of donation question on Wed Feb 23, 2011 5:33 pm

attyLLL


moderator
almond, do you have other siblings?


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6 Re: Deed of donation question on Thu Feb 24, 2011 12:17 am

Gcharlene


Arresto Menor
My aunt donated her share (1/5 of the total land her parents gave to them). I have a signed and notarized deed of donation. Gusto ko lang po makasiguro na akin na yung na-donate na propety kahit na wala pa sa title ang pangalan ko. May Laban po ba ako sa mga bagay na to Kung sakali po na may maghabol?

Thanks po////ans:that's not enough, you need to pay donor's taxes and have the title transferred to you. who has the owner's duplicate?////question po ulit atty,...Does that mean na bale wala po ba yung hawak kong deed of donation na nakaNotarized po?

Pasensya na po we are new to this and we really just need some advise. Addt'l question po. If the Deed of donation does not suffice to prove our right for the property; ano pong next step n pwde naming gawin?

Ganito po kase. 5 po silang magkakapatid na nakalagay sa Title. The title is with me bec I am the caretaker of the property. Lahat ng magkakapatid (kaming lahat) nakatira sa property na ito now. The eldest from the 5siblings (w/c is my Aunt) donated her share to me. I have cousins that are really envious. Nasa states na po ung aunt namin after the donation. And she is getting old. So gusto lng po namin makaSure na worst case scenario-- may right po kami sa share namin.

Maraming salamat po.

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7 Re: Deed of donation question on Thu Feb 24, 2011 5:47 pm

almond


Arresto Menor
attyLLL wrote:almond, do you have other siblings?

yes atty, we are 3.

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8 Re: Deed of donation question on Thu Feb 24, 2011 7:41 pm

attyLLL


moderator
almond, so to whom will the property be donated to? actually, when your father died, his half of the property was inherited by the children and mother in equal shares, but his estate has to be settled and taxes paid so that it can be transferred.

if you have a deed of donation now signed by your mom, and you try to have it transferred when she dies, you will be made liable for numerous penalties for late registration.


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9 Re: Deed of donation question on Thu Feb 24, 2011 7:43 pm

attyLLL


moderator
Gcharlene, I am not saying that the donation has no effect, but to protect yourself, you should have the property transferred to you. bite the bullet and pay the donor's taxes now.

what cousins are these, children of the aunt who donated to you?


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10 Re: Deed of donation question on Thu Feb 24, 2011 10:33 pm

Gcharlene


Arresto Menor
attyLLL wrote:Gcharlene, I am not saying that the donation has no effect, but to protect yourself, you should have the property transferred to you. bite the bullet and pay the donor's taxes now.

what cousins are these, children of the aunt who donated to you?

Nope. They are my cousin from my Aunt's other siblings. My aunt's husband and children are very much settled in the US. They dont want anything to do w/the property anymore. They have no plans of going back. Thank you for your advise. Please correct me if I am wrong. Will the process be that I bring the papers to Registry of Deeds? And pay donor's tax to our municipal? Are these steps correct?

Thanks again

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11 Re: Deed of donation question on Fri Feb 25, 2011 7:18 am

attyLLL


moderator
first step is to go to BIR and get an assessment. after payment, you will be issued a Certificate Authorizing Registration, then you can go to the RD.

You can also go the RD to have have your deed pre-assessed so there will be no problem.


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12 Re: Deed of donation question on Fri Feb 25, 2011 9:28 am

almond


Arresto Menor
attyLLL wrote:almond, so to whom will the property be donated to? actually, when your father died, his half of the property was inherited by the children and mother in equal shares, but his estate has to be settled and taxes paid so that it can be transferred.

if you have a deed of donation now signed by your mom, and you try to have it transferred when she dies, you will be made liable for numerous penalties for late registration.

My mom planning to donate to us (3) all married...what if atty my mom died and did not execute the deed of donation...are the taxes/penalties will be more? Please suggest the best way to do. Thanks in advance.

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13 Re: Deed of donation question on Sat Feb 26, 2011 6:54 pm

attyLLL


moderator
then you will just inherit as the law requires. estate taxes may be lower because there is a deduction of P1M.


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14 Re: Deed of donation question on Mon Feb 28, 2011 12:55 pm

almond


Arresto Menor
attyLLL wrote:then you will just inherit as the law requires. estate taxes may be lower because there is a deduction of P1M.

Many thanks Atty. Be blessed!

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15 Re: Deed of donation question on Tue Nov 22, 2011 12:08 pm

singkitmata


Arresto Menor
my father died 10 yrs ago. the land title is under his name but indicated therein as married to my mom. my uncle said that we are not liable to pay inheritance tax since my mom is still alive. is this true?
my mom wants to sub-divide the lot to us, her 5 children, thru deed of donation. Will the service of a surveyor really be required for the subdivision of the lot and separate titling? does the BIR interfere or has a say with the subdivision of the lot?
thanks!

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16 Re: Deed of donation question on Tue Nov 22, 2011 6:38 pm

taxconsultantdavao


Reclusion Perpetua
your uncle is not correct. you have to pay estate tax based on the following formula:

gross estate (total value of all properties per zonal value)- xxxx
( assuming that this property is conjugal)

lESS: SHARE OF THE SURVIVING SPOUSE-IF CONJUGAL XXX
(GROSS ESTATE - conjugal deductions= net estate divided by 2

standard deduction of 1000,000.00
family home
other expenses allowed by law

net estate subject to tax

......the point is you still have to pay for the estate tax corresponding to the value of the share of your father on the said property with allowed deductions as stated above.

NOte: Note: please take note that the 1/2 share of your mother is deducted from the total value of the properties per zonal value. this 1/2 deduction considers the fact that the share of your deceased father only constitutes 1/2 of the total properties. thus, your uncle is not correct on this point.


OTHER QUESTIONS:

1. yes. the services of the surveyor is needed if the title will be subdivided into several lots. however, if you sell the property as a whole (by way of extrajudicial settlement with sale) to other parties , then the services of the surveyor is not needed since the property will not be subdivided into smaller parts. meaning, lahat ng area as appearing on the title will be sold to third party-buyers. walang matira s inyo. in that case, di na kailangan ng surveyor.

as to the issue of bir interference, kailangan talaga me estate tax dito as to the share of your deceased father s properties niyo.

me donors tax din should your mother decides to waive her conjugal and hereditary share in favor of the children...
a. me donors tax as to her waived conjugal share(absolute rule)
( donors tax will be imposed even if pantay ang hatian ng mga children as long as nawaived ni mother niyo ang conjugal share niya)

b. me donors tax din sa hereditary share only if hindi parehas ang hatian ng children sa waived hereditary share . if ang pagkabigay ni mother niyo sa kanyang waived hereditary share is pantay pantay sa lahat ng anak, no donors tax sa waiver of hereditary share.


kailangan niyo ng extrajudicial settlement of estate before niyo mahati ang property. ask your mother if she will waive her:
a. conjugal share (1/2)
b. hereditary share ( your mother will receive a share on the other half of the property -and the share of the mother will be the same as that of the share of a legitimate child.

based on your example, gusto ng mother mo n wala na sya share kasi sabi mo your mother wants to subdivide the lot to 5 shares (corresponding to 5 children). meaning, ayaw na niya magreceive ng share.

in the said case, ito ang taxes na babayaran niyo:
1. estate tax- please do take note that kadalasan exempt ito depende kung ilan ang properties niyo at magkano ang value ng properties. please take note na ang daming puwede i allow n deductions dito sa estate tax... just dont accept the computation of the bir as gospel truth. you need to hire the services of a tax practitioner na friend mo para malaman mo if ano ang deductions na maclaim mo at ano ang supporting documents na kailangan i attach.

2. donors tax- waiver on the conjugal share
3. donors tax-exempt itong waiver on the hereditary share.
kasi sabi mo pantay lahat. the lot will be subdivided i into 5. which means pantay. walang na agrabyado sa sharing.


2. if hindi ibenta as a whole to other parties at kailangan me subdivision pa into smaller parts, you need the services of the surveyor.

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17 Re: Deed of donation question on Tue Nov 22, 2011 6:46 pm

taxconsultantdavao


Reclusion Perpetua
as to the issue of whether tama ang mother niyo na isubdivide niya ang lote to her 5 children thru deed of donation,ito ang sagot ko:

1. your mother may do that na merong deed of donation pero hindi makalusot iyan sa register of deeds kasi patay na ang papa mo. so kailangan mag execute pa rin kayo ng extrajudicial settlement of estate.

so there are two scenarios dito with different documentations:
scenario 1: 1st document: extrajudicial settlement of estate
2nd document: deed of donation

scenario 2: 1st document: extrajudicial settlement of estate with waiver (ito iyong donation by the mother to her 5 children)

my advice is: para makatipid, isahin niyo na lang ang document na i execute niyo para di kayo icharge ng lawyer ng dalawang documento. puwede naman isahin ito sa scenario 2.

in both cases, pag me extrajudicial settlement, kailangan din me publication s newspaper.usually makamura kayo if kayo mismo magpa publish sa kaibigan niyo na may ari ng newspaper.

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18 Re: Deed of donation question on Wed Nov 23, 2011 3:32 pm

singkitmata


Arresto Menor
thanks so much atty for your detailed and prompt legal advices, really greatly appreciate!

1) yes, my mom will waive her 1/2 share. she's the one who wants to legally subdivide the lot to her children, para wala daw maging problema in the future. it's only one lot (one title). ok lang sana sa amin to just let it as it is but then it's the legal implications that she's worried about (the taxes to be paid and other legalities). she was hurt when we wanted the lot to sell as a whole to outsiders. she also does not want any of us to sell our share of the lot. (she wants each of us to retain ownership of our share)

2) someone told me that the BIR takes care of the subdivision of the lot. but thanks to this forum, i learned that it's the surveyor's job to do that!

3) the subdivison may not be divided equally as my brother already has a house structure on a portion of that lot. it's more than his share if equally divided. we, the rest of the siblings, however, all agree that we just give him the excess portion, and whatever is left will be the one to be subdivided among the rest of us.

4) the standard deduction of P1M, does this mean that it's the amount to be automatically deducted from the value of the estate tax? no need for documents or anything to be presented?

5) the family home - is it the amount per the tax base on the real property tax receipt? or the appraised value?

6) since we are not aware of the inheritance tax that should be paid, are there any penalties and charges since my father died 10 yrs ago? how much?

thanks again very much!

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19 Re: Deed of donation question on Sun Mar 25, 2012 12:20 pm

taxconsultantdavao


Reclusion Perpetua
1) yes, my mom will waive her 1/2 share. she's the one who wants to legally subdivide the lot to her children, para wala daw maging problema in the future. it's only one lot (one title). ok lang sana sa amin to just let it as it is but then it's the legal implications that she's worried about (the taxes to be paid and other legalities). she was hurt when we wanted the lot to sell as a whole to outsiders. she also does not want any of us to sell our share of the lot. (she wants each of us to retain ownership of our share)

YOUR MOTHER'S INTENTION IS COMMENDABLE. IM ONLY 35 YEARS OLD BUT I CAN COMMISERATE WITH THE FEELINGS OF YOUR MOTHER. I OWN SEVERAL PROPERTIES BUT EVERYTIME THERE IS A BUYER WHO OFFERS TO BUY AND IS SERIOUS OF BUYING MY PROPERTY, I ALWAYS CHICKENED OUT. THERE IS TRUTH TO THE SAYING THAT MEMORIES OR SENTIMENTAL VALUES CAN NEVER BE REPLACED WITH MONETARY REWARDS. I LABORED HARD WITH MY SWEAT AND BLOOD JUST TO BUY THOSE PROPERTIES. I INVESTED MY HEART AND MY YOUTH JUST TO DEVELOP THOSE PROPERTIES (PLANT TREES, FENCE). MAYBE,YOUR MOTHER MUST HAVE FELT THE SAME FEELINGS WHEN HER CHILDREN WOULD JUST EASILY SELL THE PROPERTY THAT MEANT SO MUCH FOR HER.[/b]


4) the standard deduction of P1M, does this mean that it's the amount to be automatically deducted from the value of the estate tax? no need for documents or anything to be presented?
THERE IS NO NEED TO PRESENT DOCUMENTS. THE 1M DEDUCTION IS AUTOMATICALLY GRANTED BY LAW TO THE ESTATE. THERE IS ALSO NO CONDITION.

5) the family home - is it the amount per the tax base on the real property tax receipt? or the appraised value?

THAT IS TOTALLY WRONG. THE AMOUNT OF THE FAMILY HOME TO BE CREDITED IS NOT BASED ALONE ON THE APPRAISED VALUE NOR THAT OF THE ASSESSED VALUE PER ASSESSORS OFFICE. THE FAMILY HOME'S VALUE WILL BE BASED ON THE ZONAL VALUE SET BY THE BIR OR THE VALUE BY THE ASSESSORS , WHICHEVER IS HIGHER.

6) since we are not aware of the inheritance tax that should be paid, are there any penalties and charges since my father died 10 yrs ago? how much?
yes. there are penalties and increments to be paid as a sort of punishment to those delinquent taxpayers. after all, taxes are the lifeblood of our nation. the affairs of our government should not be held hostage to the whims and caprices of the taxpayers. hence, the taxpayers must be told and be made aware that the taxes they are supposed to pay must be paid on time so that delivery of public services will not be delayed also.

as to the amount of penalties, you have to go to the BIR's office , specifically at the revenue district office where your father was a resident at the time of his death. they will require you some documents, and once you have submitted, it is only when they can compute for the penalties. taxes require computation. i advice you to look for an accountant or a friend who knows tax computation before you go to the BIR

thanks again very much![i][u]

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che23


Arresto Menor
if the owner of the land is dead ,can the children or the wife can execute a Deed of Donation..eto po kasi yun,my project po kami na kalsada na dadaan sa kanilang property eh concreting po yun ,need namin nag DOD for the part of the land na magagamit sa kalsada,yung asawa at mg anak willing naman po magdonate sa katunayan nagbigay na sila ng photocopy ng kanilang land title,at nakita ko na din na sila na ang nagpapatuloy sa pagbayad nang land tax..pero hindi pa na itransfer sa kanilang pangalan,bali sa father pa nila nakapangalan ang title..pwede po ba sila mag sign sa DOD without transfering first the title to their name?

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21 Re: Deed of donation question on Thu Feb 12, 2015 9:12 am

taxconsultantdavao


Reclusion Perpetua

1. have them execute an extrajudicial settlement of estate muna bago mo sila papirmahin ng deed of donation.

2. after that, puwede sila mag execute ng spa na isa na lang na kapatid o ang mama ang mag pirma para sa deed of donation.

3. or kung kaya nila na mag execute ng deed of donation after pag execute ng extrajudicial settelement. ok din. para isang puntahan na lang sa lawyer. pero of course, kayo ang magbayad sa lawyer niyan. alangan naman sila pa pabayarin niyo, kayo na kasi ang nabigyan ng property. so wag niyo sila pagastuhin kasi baka mag back out pa

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22 Re: Deed of donation question on Thu Feb 12, 2015 9:14 am

taxconsultantdavao


Reclusion Perpetua

please dont forget. if sa government i donate, walang tax iyan. kaya be sure na ang magpirma din sa acceptance ng document, local official or barangay captain din o kaya authorized din ng barangay kung barangay road iyan. if municipal, mayor din or kung sino ang authorized.

the acceptance of the donation must be made by an authorized barangay or municipality sa same deed of donation din para madali lang. although puwede din separate document pero dapat notaryado

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23 Re: Deed of donation question on Thu Feb 12, 2015 5:07 pm

centro


Reclusion Perpetua
Relevant to Deed of Donation and BIR, I understand the DOD needs to be published in a nationally circulated paper thrice and acknowledged accepted by the donee for BIR to recognize the transaction.

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24 Re: Deed of donation question on Thu Feb 12, 2015 8:22 pm

taxconsultantdavao


Reclusion Perpetua

may i know your legal basis for that publication requirement before the BIR recognizes a deed of donation as validly made?

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25 Re: Deed of donation question on Fri Feb 13, 2015 7:30 am

centro


Reclusion Perpetua
taxconsultantdavao wrote:
may i know your legal basis for that publication requirement before the BIR recognizes a deed of donation as validly made?

I am glad you raised that point to clarify. There are elements other than a donation I failed to mention in the situation I was referring to. It is one of the requirements set by BIR RDO in NCR connected to an EJS, decedent, bank and the presentation of BIR CAR. Rather complicated. Sorry if it caused some confusion.

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26 Re: Deed of donation question Today at 4:55 pm

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