BIR Ruling [DA-056-00]

February 1, 2000 BIR RULING [DA-056-00] Spouses Ricardo Ma . Ocampo II and Celestina M . Ocampo No. 149 Swallow Drive Greenmeadows Subdivision Quezon City Gentlemen : This refers to your letter requesting for exemption from the payment of capital gains tax on the sale of your principal residence situated at No. 149 Swallow Drive, Greenmeadows Subdivision, Quezon City pursuant to Section 24(D)(2) of the Tax Code of 1997. Documents show that aforesaid residential property with an area of Eight Hundred Fifty Seven Square Meters and Seven Square Decimeters (857.7) is covered by Transfer Certificate of Title No. 92349 of the Registry of Deeds for Quezon City; that certifications were issued by the Tanggapan ng Punong Barangay of Barangay Ugong Norte, Quezon City and First Greenmeadows Homeowners' Associations Inc. to the effect that you are residents of No. 149 Swallow Drive, Greenmeadows Subdivision, Quezon City; that you sold the said property to Ms. Evangeline Gabriel de Jesus, Marilyn Gabriel Chua and Antonio G. Gabriel III, for and in consideration of the amount of Fifteen Million Pesos (P15,000,000.00); that the proceeds of said sale will be fully utilized to acquire a new principal residence; and that in support of your request, you submitted to this Office, photocopies of the following documents: 1) Deed of Absolute Sale; 2) Tax Declarations including real estate tax receipts; 3) Sworn Declaration of Intent; 4) Barangay Certification Clearance; 5) Homeowner's Certification; and 6) Certificate of Tax Payments. In reply please be informed that pursuant to Section 24(D)(2) of the Tax Code of 1997, capital gains presumed to have been realized from the sale or disposition of principal residence by natural persons, the proceeds of which is fully utilized in acquiring or constructing a new principal residence within eighteen (18) calendar months from the date of sale or disposition shall be exempt from the capital gains tax imposed under Section 24 (D)(1) of the same Code, provided, that the historical cost or adjusted cost basis of the real property sold or disposed shall be carried over to the new principal residence built or acquired, and that the Commissioner shall have been duly notified by the taxpayer within thirty (30) days from the date of sale or disposition through a prescribed return of your intention to avail of the tax exemption thus mentioned, and in which can only be availed of once every ten (10) years. The same Section further provides that if there is no full utilization of the proceeds of sale or disposition, the portion of the gain presumed to have been realized from the sale or disposition shall be subject to capital gains tax. For this purpose, the gross selling price or fair market value at the time of sale, whichever is higher, shall be multiplied by a fraction which the unutilized amount bears to the selling price in order to determine the taxable portion for the purpose of computing the tax prescribed under Section 24 (D)(1) of the Tax Code of 1997, thereon. From the foregoing, and since you have manifested your intention to fully utilize the proceeds of the sale or disposition of your property to buy and/or construct another new principal residence within the time required by law and have notified the Commissioner of the same within thirty (30) days from the sale or disposition of your property, the proceeds from the sale of your property in favor of Ms. Evangeline Gabriel de Jesus, Marilyn Gabriel Chua and Antonio G. Gabriel III, is exempt from the 6% capital gains tax imposed under Section 24 (D)(1) of the Tax Code of 1997, but subject to the documentary stamp tax imposed under Section 196 of the same Code. The entire proceeds of the said sale, however shall be subject to the capital gains tax and the corresponding penalties thereto in case the seller failed to comply with all the conditions set forth under Section 3 of the Revenue Regulations No. 13-99 dated July 26, 1999, implementing Section 24 (D)(2) of the Tax Code of 1997. This ruling is being issued on the basis of the foregoing facts as represented. However, if upon investigation, it will be disclosed that the facts are different, this ruling shall be considered null and void. Very truly yours, Commissioner of Internal Revenue By: (SGD.) SIXTO S. EQUIVIAS IV Deputy Commissioner (Legal and Enforcement Group)