bir_ruling BIR Ruling No. 394-2022BIR Ruling No. 394-2022

BIR Ruling No. 394-2022

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FINANCE BUREAU OF INTERNAL REVENUE

Certificate of Tax Exemption No.

CMP-k 3 94 - 2 0 2 2

CERTIFICATE OF TAX EXEMPTION

TO ALL WHOM IT MAY CONCERN:

This certifies that the Deed of Absolute Sale dated February 21, 2019, entered into

by and between:

Name of Seilers! TIN Address

Alejandro Reyes Ugalde Santiago Reyes Ugalde Imelda Paraiso Javier Elena Ugalde Medina Rufina Reyes Ugalde Aurora Reyes Ugalde Remegia R. Ugalde Julita Reyes Ugalde Feliciana P. Ramos Juan R. Ugalde

Marietta P. Soberano Armando R. Paraiso Josephine P. Santos Manuel R. Paraiso Susana R. Paraiso Donato R. Paraiso Zaldy R. Paraiso Justina P. Silla

-and

Name of Homeowners Association (HOA) TIN Address

JULIAN'S MAYVILLE ASSOCIATION, INC. HOMEOWNERS

over the parcels of land described below, to wit:

Absolute Sale on behalf of the landowners for the sale of the properties identified and described in TCT Nos. (057- 2017030632) 167-2019001249 and T-875423. 1 Two Speciat Powers of Attorney both dated March 13, 2019, were granted to Jocelyn M. Lacabe to execute the Deed of

Julian 's Mayville Homeowners' Association, Inc. Page 2 of 2 CTE No. CMP= 3 9 4 - 2 0 2 2 Date Issued

Transfer Certificate Of Title Nos. Total Area (sq.m.) Transferred Area of CMP (sq.m.) (sq.m.) Location

Bacoor, Cavite 4102 Panapaan V

being a Community Mortgage Program (CMP), is not subject to capital gains tax pursuant to Section 32 (b) of Republic Act (RA) No. 7279, as amended by RA No. 10884. The transaction is, however, subject to documentary stamp tax under Section 196 of the National Internal Revenue Code (Tax Code) of 1997, as amended.

It is, however, understood that this Certificate of Tax Exemption (CTE) is never intended and shall not be construed as giving authority to the concerned Register of Deeds to effect transfer of the land title in the name of the buyer without the necessary Certificate Authorizing Registration (CAR) issued by this Bureau. In this regard, this CTE shall be presented to the Revenue District Office (RDO) concerned in order for the latter to issue the CAR. The CAR shall only be issued after the submission of the requirements provided under Revenue Memorandum Order (RMO) No. 15-2003.

The Bureau of Internal Revenue (BIR) shall conduct verification and post-audit that the actual occupants of the property transferred under the CMP are qualified beneficiaries and therefore, the seller is entitled to exemption from capital gains tax or income tax imposed under Sections 24 (D)(1) and/or 27 (D)(5) of the Tax Code of 1997, as amended.

This CTE is being issued on the basis of the facts and documents as represented and submitted. However, if upon investigation, the BIR ascertains that the facts are different, then this Certificate shall be considered null and void.

Issued this day of SEP 2 3 2022

cha a

Commissioner of Intermal Revenue LILIA CATRIS GUILLERMO 001491

K-1-JAC

Want an analysis of this document?

Ask ASG Legal AI to summarize it, compare it with other rulings, or explain how it applies to your situation — it researches from this same library.