RMC No. 19-2018 — Clarifies the basis for the computation of Capital Gains Tax and Documentary Stamp Taxes in sale transactions of real property previously mortgaged at a value higher than its zonal or fair market value Digest | Full Text

REPUBLTC oF TriE PHILIP- .,: P"{&EAU 0F I}dii},;J, NE\rEiliiD DEPARTMENT OF FINAr"- - t0 ll: &4CORD S Mfi.T. DlYie.ca'.r BUREAU OF INTERNAL REVENUE F. tt. Quezon City ffiAi{19201Er, R.ECE,T/V/hEILffrr^ Date: I..arch 19, 2Oi8 REVENUE MEMORANDUM CIRCULARNO. fi_ E O/8 SUBJECT Basis Of Capital Gains and Documentary Stamp Taxes In Sales TO Transactions Of Real Property Previouslt,Morlgaged At A l/alue Higher Than lts Zonal Or FuirMarket Value All Internal Revenue Officials, Employees and Other,t Concerned This Circular is issued to clarify the basis for the computation of Capital Gains Tax (CGT) and Documentary Stamp Taxes (DST) in a sales transaction of'previously mortgaged real property. BACKGROUND Some revenue district offices compute the CGT and DST in real property sales transaclions based on amounts other than what is set by law. In sales transactions involving previously mortgaged properlies, certain revenue district offices have computed the CGT and DST on the transactions based on the mortgage value previously appraised and not on the values set in Sections 24(DX1) and Section 196 in relation to Section 6(E) of the National lnternal Revenue Code of 1997, as amended (Tax Code). CLARIFICATION The provisions of the National Internal Revenue Code of 1997 , as amended, (Tax Code) is explicit when it provided for the basis of the computations of CCT and DST on the sale of real property. The provisions state: "SECTION 24. Income Tax Rures. - "(D) Capital Gains.fr"oru Sale o.f Real Prc.tperty. - "(1) In Generql. The provisions of Section 39(B) notrvithstanding, a final tax of - six percent (6%) based on the gross selling price or current fair market value as determined in accordance with Section 6(E) of this Code, whichever is higher, is hereby imposed upon capital gains presumed to have been realized from the sale, exchange, or other disposition of real propefly located in the Philippines, classified as capital assets, including pacto de retro sales and other forms of conditional sales, by individuals, including estates and trusts: Provided, That the tax liability, if any, on gains from sales or other dispositions of real property to the governrnent or any of its political subdivisions or agencies or to govemment- owned or -controlled corporations shall be determined either under Section 24(A) or uncier this Subsection, at the option ofthe taxpayer," - "SECTION 196. Stump Tax on Deeds of Sale and Conveyances of Reul Proper4t. On all conve,vances, deeds, instruments, or writings, otiier than grants, patents or original cerlificates of adjudication issued by tl-re Governrnent, whereby any land, tenement or other realty sold shall be granted, assigrred. transferred or otheru,ise conveved to the purchaser. or purchasers. or to anl other person or persons designated bl,such purchaser or purchasers. there shall be collected a documentary starnp tax. at the rates herein below prescribed, based on the consideration contracted to be paid

Revenue Memorandum Circular No. for such realty or on its fair market value determined in accordance with Section 6(E) of this Code, whichever is higher: Provided, That when one of the contracting parties is the Government, the tax herein imposed shall be based on the actual consideration: xxx" From the foregoing it is clear that the only basis for the computation of the CGT and the DST are: (l) the gross selling price or the consideration contracted to be paid for such realtl,; and (2) fair market value determined in accordance with Section 6(E) of the Tax Code. It should be noted that the term "fair market value" as used in the provisions is qualified by the phrase "determined in accordance with Section 6(E) of this Code". Section 6(E) of Tax Code provides: "SECTION 6. Povter o.f the Commissioner to Mske Assessments und Prescribe - Additionol Requirementsfor Tax Administration and Effircement. xxx XXX - "(E) Authority of the Commissioner lo Prescribe Real Property Values. The Commissioner is hereby authorized to divide the Philippines into different zones or areas and shall, upon consultation with competent appraisers both from the private and public sectors, determine the fair market value of real properties located in each zone or area. For purposes ofcomputing any internal revenue tax, the value ofthe property shall be. whichever is the higher of: 1) "( the fair market value as determined by the Commissioner; or '(2) the fair market value as shown in the schedule of values of the Provincial and City Assessors." In practice, the fair market value as determined by the Commissioner is commonly known as the Zonal Value. From the foregoing, the term "fair market value" is classified further to the: a)' Zonal Value set by the Commissioner of Internal Revenue and published in deparlment orders; and b) Fair market value as shown in the scheduie of the provincial or city assessors. Tltus, revenue district officers cannot veer away fiom the provisions of the law and consicier the mortgage value of a properly previously set. All other issuance inconsistent herewith are hereby repealed or modified accordingly. All concerned revenue officials and employees are hereby enjoined to grve this Circular as wide a pubiicity as possible. This Circular takes effect immediately. Very truly yours, K1-NRA -/CYAES*A"RtR$. D^UfLtAY *t Ht"g Comm issioner of ,rlfi ##fsf;:ffiYr;ffi,i# //:to /3'/"t " ffiAir I 9 ?|lEU^l1ru* q* :T\ P Ht dU-l jFLZl -{t" tf/''lwt td -E-./ n-g