BIR Ruling [DA-203-00]

April 4, 2000 BIR RULING [DA-203-00] 24 (D) (2); 114-98 Mrs. Maria T. Picar No. 658 Gen. Ordoez Street Parang, Marikina City Gentlemen : This refers to your letter dated March 30, 1999 requesting for exemption from the payment of capital gains tax on the sale of your principal residence situated at No. 658 Gen. Ordoez St., Parang, Marikina City pursuant to Section 24(D)(2) of the Tax Code of 1997. It is represented that your aforesaid residual property with an area of 65.50 sq.m. is covered by TCT No. N-138376 issued by the Registry of Deeds for the City of Marikina; that a certification was issued by the Barangay Chairman of Parang, Marikina to the effect, that the abovementioned property is your principal residence; that you sold said property to Peter Chua for and in consideration of the amount of Php600,000.00; that the proceeds of said sale will be fully utilized to acquire a new principal residence within eighteen (18) months from the date of the sale; and that in support of your request, you submitted to this Office copies of the following documents: 1. Deed of Absolute Sale between you and Mr. Peter Chua; 2. Transfer Certificate of Title No. 138376; AaECSH 3. Tax Declaration; 4. Certification of Barangay Captain; and 5. Sworn Declaration of Intent. 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 Peter Chua is exempt from the 6% capital gains tax imposed under Section 24(D)(1) of the Tax Code of 1997, but the subject to the documentary stamp tax imposed under Section 196 of the same Code. (BIR Ruling No. DA-357-98 dated September 3, 1998). The entire proceeds of the said sale shall be subject to the capital gains tax and the corresponding penalties thereto in case the you failed to comply with all the conditions set forth under 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 disclosed that the facts are different, this ruling shall be considered null and void. (BIR Ruling No. 114-98 dated July 27, 1998) Very truly yours, Commissioner of Internal Revenue By: (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner (Legal and Enforcement Group)