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certificate authorizing registration differ on deed of sale

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bdm1211


Arresto Menor
ask lang po sana ako ng advice.

may binenta po kaming lote last march 2011 for 82sqm.gumawa po kami ng deed of sale then binayaran po namin yung capital gains tax sa BIR last march din. so naibigay na po namin lahat ng documents and hinihintay na lang namin yung certificate authorizing registration para sa transfer ng titulo sa registry of deeds.

last april nag usap po ulit kami ng buyer na 71sqm nalang daw yung bibilhin niya. so nagtanong po kami sa attorney sa BIR if pwede pa bang palitan yung mga details ng bentahan (di pa napipirmahan yung mga papeles para sa CAR). sabi niya oo, gawa lang daw kami ng bagong deed of sale and ipasa ulit namin. sabi ng taga BIR di na daw namin mababawi ng nabayaran na capital gains, pero ok lang sa amin basta masunod yung bagong deed of sale.

yesterday lumabas yung CAR, and ang sinunod na sukat is yung 82sqm. ask ko lang po if may paraan pa para ang masunod is yung bagong deed os sale? di kasi namin maipalipat yung titulo kasi mali yung sukat sa CAR.

sana po matulungan niyo ako.

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attyLLL


moderator
once you execute a deed of absolute sale, and have it notarized, that is already a taxable event. your cancellation can be considered a second sale for tax purposes.

is there a partition involved?


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bdm1211


Arresto Menor
attyLLL wrote:once you execute a deed of absolute sale, and have it notarized, that is already a taxable event. your cancellation can be considered a second sale for tax purposes.

is there a partition involved?

so sir paano po yun pede bang ilipat namin yung 82sqm sa pangalan ng buyer pero gumawa kami ng kasulatan na 71sqm lang ang pagmamay ari nila at isasama namin yung latest na deed of sale na instead of 82 is 71sqm lang yung binenta?

salamat po sa sagot

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attyLLL


moderator
i recommend you 'buy back' the 11 sqm, or find some way for them to pay for the 11 sqm. they may assert their right to the extra area if that is what is written on the title.

are these just under tax declarations? no TCT?


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bdm1211


Arresto Menor
attyLLL wrote:i recommend you 'buy back' the 11 sqm, or find some way for them to pay for the 11 sqm. they may assert their right to the extra area if that is what is written on the title.

are these just under tax declarations? no TCT?


yes sir these are just under tax declarations since we paid capital gains tax first before the transfer. actually we are ready for the separation of title, but we want to resolve this 82 to 71 transfer.

so pag binili namin ung 11 sqm is bagong capital gains ulit?

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attyLLL


moderator
yes, whole new set of taxes.


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