What are the requirements for the transfer of title in the Philippines?

Transferring a title in the Philippines involves a sequence of legal processes and paperwork to ensure a seamless and rightful change in ownership. It is crucial to clearly understand the transfer of title requirements to protect your properties and avoid any potential legal challenges. In this article, we will explore the requirements for the transfer of title in the Philippines, including the requirements from the Bureau of Internal Revenue (BIR) and the Registry of Deeds.

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:

1. Latest official receipts of Real Property Tax payments.
2. Previous tax clearance (if any).
3. 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:

1. Deed of Conveyance,
2. Deed of Absolute Sale,
3. Copies of IDs of all signatories,
4. Official receipt of notary public used to notarize the Deed of Sale,
5. Certified True Copy of the original lot title,
6. Tax clearance,
7. Latest tax declaration,
8. Birth certificate,
9. If applicable: Clearances from the Homeowners Association,
10. 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.

Get help with transferring your title in the Philippines

Our specialized support streamlines the process of transferring a title in the Philippines, ensuring a smooth and compliant ownership change. Our experts offer tailored advice on navigating the complexities of title transfer, including understanding and meeting the specific requirements for the transfer of title in the Philippines set by the Bureau of Internal Revenue (BIR) and the Registry of Deeds. Whether it’s handling legal documents, securing necessary approvals, or providing insight into local regulations, we’re here to assist at every step.

To learn how our legal agents can assist you with a land title transfer in the Philippines, go to “Learn more” in the box below or contact us directly at [email protected].

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