BIR Ruling No. 199-83

November 15, 1983 BIR RULING NO. 199-83 S i r : This refers to your letter dated August 17, 1983 requesting that you as well as your brothers and sisters, namely: Messrs. Pergantino B. Fazon, Alexander Fazon, Francisca F. David and Benita Fazon Smith be allowed to declare the gain from the sale of your property identified as Lot No. 828 of the Cadastral Survey of Surigao under Section 21 of the Tax Code. In reply, please be informed that since the property was expropriated by the government, through the Ministry of Public Highways, your tax liability as well as that of your brothers and sisters on the gain derived from the sale shall be determined under Section 21 or under Section 34(h) of the Tax Code, at your option (Sec. 34(h), Tax Code, as amended by B.P. 37). Inasmuch as you have opted to declare the transaction under Section 21 of the Tax Code, this Office hereby allows the registration of the deed of sale with the Registry of Deeds and, consequently, the transfer of the property in favor of the government. [Sec. 7(5), Revenue Regulations No. 8-79] cdtech Very truly yours, (SGD.) RUBEN B. ANCHETA Acting Commissioner Bureau of Internal Revenue