Transfer of title process
To transfer land titles in the Philippines, you must follow legal procedures and provide the necessary documents for a smooth and legally recognized ownership transfer. Here are eleven steps on how to transfer land title in the Philippines:
- Step 1: Ensure you have two photocopies of each of the requirements for transfer of title in the Philippines.
- Step 2: Present all requirements for the transfer of title in the Philippines to the Bureau of Internal Revenue Regional District Office (BIR RDO).
- Step 3: Request the computation of either the Creditable Withholding Tax or Capital Gains Tax from the BIR representative.
- Step 4: Get the Documentary Stamp Tax.
- Step 5: Send the completed requirements for the transfer of title in the Philippines to the Municipal/City Treasurer’s Office or Authorized Agent Bank.
- Step 6: Apply to the BIR for the Certificate Authorizing Registration (CAR). You will receive a claim slip with the claim date on it.
- Step 7: Upon the date of release, claim the CAR and any other documents that have been released and stamped as verified by the BIR.
- Step 8: Pay the transfer taxes at the municipal or city treasurer’s office.
- Step 9: Visit the city treasurer’s office and secure the tax clearance by bringing the necessary paperwork.
- Step 10: Make sure the Registry of Deeds has the requirements for the transfer of title in the Philippines to issue a new lot title, including duplicate copies of the Transfer Certificate of Title (TCT) and Condominium Certificate of Title (CCT) in your account.
- Step 11: Once the title has been changed to your name, go to the municipal or provincial assessor’s office and get the new tax declaration.
Requirements for the transfer of land title in the Philippines
When transferring the title, it is important to have the original copy and at least two photocopies. Here are the 14 requirements for the transfer of title in the Philippines:
Required documents
1. Deed of Conveyance
Eight copies must be prepared for the transfer of title process when preparing a Deed of Conveyance, whether it is a Deed of Absolute Sale, Extra-Judicial Settlement with Sale, Deed of Donation, or similar papers. You must prepare a total of eight copies to be submitted in the following manner to meet the requirements for the transfer of title in the Philippines:
- Notary public,
- Seller,
- Seller’s licensed real estate broker,
- Buyer,
- Buyer’s licensed real estate broker,
- A copy should be sent to government offices (Bureau of Internal Revenue, LGU Treasurer’s Office, Registry of Deeds, LGU Assessor’s Office),
- Reserved copy for the Homeowner’s Association or Condominium Corporation.
2. Valid IDs
Photocopy valid IDs of all signatories in the deed, ensuring that each ID contains three signatures from the holder. The IDs must be current identification documents issued by an official agency, displaying the picture and signature of the bearer.
3. Notary public’s official receipt
One of the requirements for the transfer of title in the Philippines is to include the official receipt for the notarization of the deed.
4. Certified True Copy of the title
Obtain three certified true copies of the property’s title from the Registry of Deeds.
5. Certified True Copy of the latest tax declaration
Request certified genuine copies of the most recent tax declaration at the assessor’s office of your city, specifying that they are required for “BIR purposes”. When it comes to tax filings, separate forms need to be filled out for both the land and any improvements made on it.
6. Tax clearance
Obtain a tax clearance from the city or municipality’s treasurer’s office. The requirements for the transfer of title in the Philippines to obtain a tax clearance include:
- Latest official receipts of Real Property Tax payments.
- Previous tax clearance (if any).
- If the requesting party is not the registered owner, they must provide a notarized or apostilled Special Power of Attorney (SPA) and a valid ID.
7. Owner’s duplicate copy of the title
Submit a Transfer Certificate of Title (TCT) for land sale or house and lot transactions. Present a Condominium Certificate of Title (CTC) for residential condominiums, office condominiums, or parking units.
8. Property photos and location map
When taking photos of houses and lots, ensure that the front of the home displaying the house number is visible. For condominium units, capture a clear image showing the name of the building, and include a picture of the front door with the door number visible. You must print a Google Map to show the property’s location.
Additional documents
9. Birth certificate
If a Deed of Donation or Extra-Judicial Settlement is involved, verifying the relationship between the donor and recipient is necessary for the requirements for the transfer of title in the Philippines.
10. Marriage certificate
Submit the marriage certificate for married sellers and buyers.
11. Certificate of No Marriage (Cenomar)
Provide a cenomar if the vendor or buyer is not married. The cenomar is only valid six months after issuance by the Philippine Statistics Authority (PSA).
12. Homeowners Association (HOA) Clearance or Management Certificate
If the property is located within a subdivision, obtain an HOA Clearance. For condominium units, obtain a Management Certificate. These requirements for the transfer of title in the Philippines confirm payment of all annual HOA/condominium fees and whether the property has been rented out.
13. Certificate of No Improvement
Obtain a Certificate of No Improvement from the city or municipality’s assessor’s office if the sale is for a lot only.
14. Special Power of Attorney (SPA)
Prepare an SPA if you want to authorize someone else to handle the requirements for the transfer of title in the Philippines. This document will be required by the BIR, LGU Treasurer’s Office, Registry of Deeds, and LGU Assessor’s Office. Ensure that the seller signs the SPA.
BIR requirements for the transfer of title in the Philippines
When transferring real estate ownership, the Philippines has strict guidelines that must be followed. The fulfillment of tax-related duties and adherence to the standards set by the Bureau of Internal Revenue (BIR) is crucial. Here are the BIR requirements for transfer of land title in the Philippines:
Required documents
- Certificate of Authorizing Registration (CAR) or tax clearance: Upon settling the required taxes, the BIR issues a Certificate Authorizing Registration (CAR) or a tax clearance signifying the completion of tax obligations essential for the property title transfer at the Registry of Deeds.
- Tax ID Number (TIN): The purchaser and seller require TINs. In case either party lacks one, acquiring a TIN from their local BIR office is one of the requirements for the transfer of title in the Philippines.
- Notarized Deed of Sale: One requirement for transferring title in the Philippines is executing a notarized Deed of Sale, which validates the transaction’s authenticity.
- Official receipts: It is crucial to keep the official receipts for all payments related to the transaction, including the Capital Gains Tax (CGT) or Creditable Withholding Tax (CWT) and Documentary Stamp Tax (DST).
- Homeowners association clearance: For properties within subdivisions or condominiums, a clearance or certificate from the homeowner’s or condominium association is needed to confirm the absence of unresolved matters.
- Additional documentation: Depending on the specifics of the transaction, the BIR might need supporting requirements for transfer of title in the Philippines, such as a copy of the Transfer Certificate of Title (TCT) or Condominium Certificate of Title (CCT), the latest tax declaration, a sworn declaration of “no improvement” for vacant lots, or a Special Power of Attorney if the processing party isn’t the rightful owner.
Registry of Deeds requirements for the transfer of title in the Philippines
You must submit the transfer of title requirements for the main registration process at the Registry of Deeds to transfer the lot title and ensure legal recognition of ownership. The Registry of Deeds is responsible for recording and maintaining land and property ownership documents. Here are the Registry of Deeds requirements for transfer of title in the Philippines:
- Deed of Conveyance,
- Deed of Absolute Sale,
- Copies of IDs of all signatories,
- Official receipt of notary public used to notarize the Deed of Sale,
- Certified True Copy of the original lot title,
- Tax clearance,
- Latest tax declaration,
- Birth certificate,
- If applicable: Clearances from the Homeowners Association,
- If applicable: Certificate of No Marriage or marriage certificate.
Once you have submitted the requirements for the transfer of title in the Philippines and paid the registration fees, the processing time is typically two weeks or 14 working days before the new lot title is released.
Unsure about title transfer requirements in the Philippines? We’re here to help!
Navigating the requirements for transferring a land title in the Philippines can be challenging, especially with various documents and legal steps involved. Our team of experts is here to guide you through each requirement, ensuring you have everything in place for a smooth and compliant transfer. Whether you need assistance with the entire process or specific documentation, we offer personalized support to make the process straightforward. Leave your details below, and we’ll reach out to provide assistance, or email us directly at [email protected] for more information.
Frequently Asked Questions (FAQs)
What are the requirements for a Deed of Sale of land in the Philippines?
The requirements for a Deed of Sale of land in the Philippines include a Deed of Conveyance, acknowledgment receipt, valid IDs, notary public’s official receipt, Certified True Copy of the title, Certified True Copy of the latest tax declaration, tax clearance, Homeowners Association (HOA) Clearance or Management Certificate, birth certificate, marriage certificate, Certificate of No Marriage (Cenomar), certificate of no improvement, property photos, location map, owner’s duplicate copy of the title and Special Power of Attorney (SPA).
What is the Deed of Conveyance in the Philippines?
The Deed of Conveyance is a legal document that transfers ownership of a property from the seller to the buyer, and it is one of the requirements for the transfer of title in the Philippines.
How much does a title transfer cost?
The cost of a title transfer in the Philippines includes various taxes and fees, with an additional title transfer service fee ranging from ₱ 20,000 ($339) to ₱ 30,000 ($509).
9 Responses
how to transfer a tittle in my name my husband dead and heis heirs voluntary given our condo unit to me as a gift
Hi Mary Ann, to transfer the title to your name after your husband’s death and the heirs have voluntarily given the condo unit to you as a gift, you will need to secure a Deed of Donation from the heirs, have it notarized, pay the donor’s tax at the BIR, and then submit the required documents to the Registry of Deeds to process the title transfer.
Deeds of Donation Extra Judicial Settlement. The donors (Adults 3 Nephews and a Niece). Payment of 4 Donors Tax. Right? How about the sole Donee. Does she pays Donee’s Tax!
As the designated beneficiary do i need to file ESTATE TAX RETURN for real property that may be less than 500k pesos in gross value at the time of decedent’s date year 1975?
Approximately 5,200sq.m of farm land in the province of Batangas.
No other real or personal property other than the 5,200sqm.
Will there be consequential PENALTIES for non-filing of the Estate Tax Return ON TIME even without tax liability?
Title was NEVER secured in view of FAMILY DISPUTE because of disproportionate sharing – not equal sharing of real property assets.
Grandparent and parents all gone………and properties left to beneficiaries without the benefit or getting distributed fairly and equally.
Hello! Based on the information provided, for properties valued below 500,000 pesos at the time of the decedent’s death, estate tax liabilities might be minimal or non-existent due to exemptions applicable in the 1970s. However, failing to file the Estate Tax Return (ETR) on time can still result in penalties or interest, even without significant tax liabilities. The BIR typically imposes penalties for late filing, which accumulate over time. In your case, family disputes and the absence of title transfer complicate the matter further. It is best to consult with a tax attorney or the BIR directly to address potential penalties and resolve the title dispute.
need ba ng llda clearance sa pag transfer ng land title ?
Hello! Yes, an LLDA (Laguna Lake Development Authority) clearance may be required if the property is located in an area governed by the LLDA, such as properties near lakes or water zones. It’s best to check with the LLDA or your local registry of deeds to confirm if this applies to your specific location. They can guide you through the steps and requirements.
The real estate property subject of decedent inheritance located in the province of Batangas measuring approximately 5,200sqm and the decedent passed away in year 1972 and at the time of death the property is no more than 200K pesos (est assessed value) The subject INTESTATE property has not been duly transferred to the heir as of 2024 in view of family dispute.
Q. Is the heir required to file BIR ESTATE TAX return though the property was valued 200K or less?
What are the penalties, interest, fees for non filing?
Hello Lito! For properties valued at 200,000 pesos or less during the decedent’s death in 1972, filing an Estate Tax Return (ETR) might still have been required. Failing to file on time may result in penalties, interest, and surcharges, which accumulate over time. However, due to the long delay and family disputes, you may be eligible for relief programs or amnesty offered by the BIR to reduce penalties.