BIR Ruling [DA-557-99]

September 28, 1999 BIR RULING [DA-557-99] Mr. Leo R. Habana 46 Cabbage Street Valle Verde V Subdivision Pasig City S i r : This refers to your letter dated September 17, 1999 requesting exemption from the payment of capital gains tax on the sale of your principal residence in favor of Mr. Herwin Henryck Cotaoco See pursuant to Section 24(D)(2) of the Tax Code of 1997. prcd It is represented that you are the registered owner of a parcel of land together with the improvements thereon situated at 46 Cabbage Street, Valle Verde V Subdivision, Pasig City covered by TCT No. PT-109949 issued by the Registry of Deeds for Pasig City; that said property is your principal residence as certified to by Barangay Captain Alejandro E. Santiago; that on September 21, 1999, a Deed of Absolute Sale was executed by you in favor of Mr. Herwin Henryck Cotaoco See for and in consideration of P8,500,000.00; that the proceeds from the said sale will be fully utilized to buy and/or construct a new principal residence and that in support of your request, you submitted to this Office the following documents: 1. Deed of Absolute Sale; 2. Transfer Certificate of Title; 3. Tax Declarations; 4. Sworn Declarations of Undertaking; and 5. Certificate of Barangay Captain where the property sold is located, to the fact that you and the members of your family are residents of the Place and known in the community. In reply, please be informed that pursuant to Section 24(D)(2) of the Tax Code of 1997, as implemented by Revenue Regulations No. 2-98, capital gains presumed to have been realized from the sale or disposition of their 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 his intention to avail of the tax exemption thus mentioned, and 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)(2) of the Tax Code of 1997. cdlex 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 another parcel of land including improvements thereon as your principal residence within eighteen (18) calendar months reckoned from September 21, 1999 as 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 Mr. Herwin Henryck Cotaoco See is exempt from the 6% capital gains tax imposed under Section 24(D)(1) of the Tax Code of 1997. However, the said sale is subject to the documentary stamp imposed under Section 196 of the Tax Code of 1997 based on the gross selling price or fair market value, whichever is higher. The concerned Register of Deeds is requested to annotate at the back of the subject certificate of title that the subject tax exemption shall be rendered null and void and that the entire proceeds of the said sale shall be subject to the capital gains tax and the corresponding penalties thereto in case the seller failed to comply with the sworn declaration and post reporting requirements and all the other conditions set forth under Revenue Regulations No. 13-99 dated July 26, 1999 implementing Section 24(D)(2) of the Tax Code of 1997.(BIR Ruling No. 114-98 dated July 27, 1998) 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, then this ruling shall be considered null and void. Very truly yours, Commissioner of Internal Revenue By: (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner (Legal & Enforcement Group)