BIR Ruling [DA-561-98]

December 9, 1998 BIR RULING [DA-561-98] Ms. Odette P. Gaerlan No. 47 Sampaguita Street San Pedro IX Bagbag, Novaliches Quezon City M a d a m : This refers to your letter dated July 23, 1998 requesting exemption from the payment of capital gains tax on the sale of your principal residence in favor of Spouses Aquilina R. Joaquin and Luderio Joaquin pursuant to Section 24(D)(2) of the Tax Code of 1997. casia It is represented that you are the registered owner of a parcel of land together with the improvements thereon situated at No. 47 Sampaguita Street, San Pedro IX, Subdivision, Bagbag Novaliches, Quezon City covered by TCT No. 3409 issued by the Registry of Deeds for Quezon City; that said property is your principal residence as certified to by Barangay Captain Constancia V. Ambita; that on May 18, 1998, a Deed of Absolute Sale was executed by you in favor of the Spouses Aquilina R. Joaquin and Luderio Joaquin for and in consideration of P180,000.00; and that the proceeds from the said sale will be fully utilized to buy and/or construct a new principal residence. 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 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 her 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)(2) of the Tax Code of 1997. 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 new principal residence within eighteen (18) calendar months reckoned from May 18, 1998 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 Spouses Aquilina R. Joaquin and Luderio Joaquin is exempt from the 6% capital gains tax imposed under Section 24(D)(1) of the Tax Code of 1997. The concerned Register of Deeds is, however, 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 all the conditions set forth under Section 24(D)(2) of the Tax Code of 1997. (BIR Ruling No. 097-98 dated June 24, 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, (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner (Legal & Enforcement Group)