BIR Ruling [DA-442-98]

September 30, 1998 BIR RULING [DA-442-98] Ms. Charito B. Galvez c/o Ms. Maricel B. Sakai Block 4, Lot 12, Queensland Village Novaliches, Quezon City M a d a m : This refers to your letter dated September 15, 1998 on behalf of your sister, Ms. Maricel B. Sakai, requesting a ruling to the effect that a Certificate Authorizing Registration (CAR) and/or Tax Clearance Certificate (TCL) may now be issued in favor of your sister, Ms. Maricel B. Sakai by RDO No. 28, Novaliches, Quezon City, since the capital gains tax on your sister's purchase of two (2) parcels of land had already been paid. LibLex It is represented that two (2) Deeds of Absolute Sale were executed by and between Saturn Realty & Development Corporation, 5th Floor, Evekal Bldg., 855 Pasay Road, Makati City and your sister, Ms. Maricel B. Sakai, both dated September 1, 1998 over two parcels of land both situated in Barangay Nagkaisang Nayon, Quezon City, covered by Transfer Certificates of Title Nos. 110962 and 110963 of the Registry of Deeds of Quezon City; and that Transfer Certificates of Title Nos. 110962 and 110963 are not in the name of the seller, Saturn Realty & Development Corporation, but in the name of a certain Trinidad San Diego, married to Teodoro N. Ramos. In reply thereto, please be informed that from a perusal of the documents submitted, it is evident that there are legal infirmities in both transactions since Transfer Certificates of Title Nos. 110962 and 110963 are not in the name of the seller. Saturn Realty & Development Corporation, but in the name of a certain Trinidad San Diego. Accordingly, the CAR and/or TCL, covering the aforementioned transactions cannot be issued by RDO 28, Novaliches, Quezon City until the legal infirmities are corrected. In the meantime, you may request for the refund of the capital gains tax paid by you on behalf of your sister on the said transactions. LexLib Very truly yours, (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner Legal & Enforcement Group