BIR Ruling No. 306-13

August 6, 2013 BIR RULING NO. 306-13 RA No. 7279; BIR Ruling No. 109-13 Divine Ville Homeowners Association, Inc. Pag-asa Compound, Brgy. Pilar, Las Pias City Attention: Madonna L. Macasinag Vice President Gentlemen : This refers to the letter of Eduardo T. Manicio, Officer in Charge of Social Housing Finance Corporation (SHFC) dated May 2, 2013, endorsing the sale transaction between Reina Baello-Ortega and Divine Ville Homeowners Association, Inc. for exemption from the payment of Capital Gains Tax and other taxes in accordance with the Republic Act (RA) No. 7279, otherwise known as the "Urban Development and Housing Act of 1992". Documents submitted disclose that Reina Baello-Ortega (TIN 173-154-121-000) (hereinafter referred to as landowner) is the registered owner of a parcel of land, identified as Lot 3-D-2 of the subdivision plan, (LRA) Psd-310352, approved as a non-subdivision project, being a portion of Lot 3-D, (LRC) Psd-256227, L.R.C. Record No. N-34558 covered by Transfer Certificate of Title (TCT) No. (T-69245) T-48527-A issued by the Registry of Deeds for Las Pias City. The aforesaid property is situated at Sitio Hinapao, Brgy. Pilar, Las Pias City with an area of Two Thousand One Hundred Sixty Seven and 50/100 square meters (2,167.50 sq.m.), more or less. Divine Ville Homeowners Association, Inc. (TIN 248-482-089-000), on the other hand, is a homeowner's organization duly registered with the Housing and Land Use Regulatory Board (HLURB). On February 11, 2013, the parties executed a Deed of Absolute Sale whereby the landowner transferred and conveyed One Thousand One Hundred Ninety Nine and 50/100 square meters (1,199.50 sq.m.) portion of the subject property to Divine Ville Homeowners Association, Inc. at an agreed price of Three Million Nine Hundred Ninety Nine Thousand Pesos (P3,999,000.00). Pursuant to the certification dated December 26, 2012 issued by SHFC, One Thousand One Hundred Ninety Nine and 50/100 square meters (1,199.50 sq.m.) out of the total Two Thousand One Hundred Sixty Seven and 50/100 square meters (2,167.50 sq.m.) covered by TCT No. (T-69245) T-48527-A actually comprise a Community Mortgage Program (CMP) Project and shall be proportionately distributed to the association's qualified member-beneficiaries. 1 For this purpose, Divine Ville Homeowners Association, Inc. secured a housing loan under the CMP, a financing assistance program of the SHFC a subsidiary of the National Home Mortgage Finance Corporation (NHMFC). HICEca In support of its request, Divine Ville Homeowners Association, Inc. has completely submitted on May 10, 2013 the following documents: 1) SHFC letter application for tax exemption; 2) Certification of the President of the SHFC that the subject property qualifies and is actually a CMP project; 3) Certified true copy of the Letter-Guaranty; 4) Certified true copy of the Deed of Absolute Sale to the Community Association; 5) Certified true copy of the Articles of incorporation of the Community Association; 6) Certified true copy of the Masterlist of Qualified Beneficiaries duly certified by the SHFC; 7) Certified true copies of the TCT and Latest Tax Declaration of the Property Sold to the Community Association; 8) Certified true copy of the Location Plan of the Lot Sold to the Community Association; 9) TIN ID/BIR Certificate of Registration of the seller and the Homeowner Association; and 10) Other pertinent documents . In reply, please be informed that pursuant to Section 32 of RA No. 7279, pertinent portions of which state that: "Sec. 32. Incentives. To encourage its wider implementation, participants in the CMP shall be granted with the following privileges or incentives: ITCcAD xxx xxx xxx (b) Properties sold under the CMP shall be exempted from the capital gains tax; and" the landowners who sold their properties for use in a socialized housing project are exempt from the payment of capital gains tax. Such being the case the sale by the landowner to Divine Ville Homeowners Association, Inc. of One Thousand One Hundred Ninety Nine and 50/100 square meters (1,199.50 sq.m.) portion of the property covered by TCT No. (T-69245) T-48527-A is exempt from the capital gains tax. Upon issuance of this letter of exemption, and upon registration of the document of sale, a lien on the Certificate of Title of the land to be issued in the name of the Homeowners Association shall be caused to be annotated by the Register of Deeds having jurisdiction over the property, to the effect that the said property shall be used for socialized housing pursuant to RA No. 7279. (BIR Ruling No. 109-13 dated March 21, 2013) However, the documentary stamp tax is not one of the taxes covered by the tax exemption clause in Sec. 20 of RA 7279. Accordingly, the owner is liable to pay the documentary stamp tax on the documents conveying the afore-stated property imposed under Section 196 of the Tax Code of 1997, based on the consideration contracted to be paid for such realty or its fair market value determined in accordance with Section 6 (E) of the said Code, whichever is higher. (BIR Ruling No. 109-13 dated March 21, 2013) It is, however, understood that this ruling is never intended and shall not be construed as giving authority to the concerned Register of Deeds to effect transfer of the land title in the name of the buyer without the necessary certificate of authority to register issued by this Bureau. In this regard, this ruling shall be presented to the Revenue District Office (RDO) concerned in order for the latter to issue the Certificate Authorizing Registration (CAR). The CAR shall only be issued after the submission of the requirements provided under RMO 15-2003. aHIEcS Notwithstanding the foregoing, the Bureau of Internal Revenue shall conduct verification and post-audit that the actual occupants of the property transferred under the CMP are qualified beneficiaries and therefore, the seller is entitled to exemption from capital gains tax or income tax imposed under 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 be ascertained that the facts are different, then this ruling shall be considered as null and void. Very truly yours, (SGD.) KIM S. JACINTO-HENARES Commissioner of Internal Revenue ANNEX Divine Ville Homeowners Association, Inc. Pag-asa Compound, Brgy. Pilar, Las Pias City Name of Beneficiary Blk. Lot Total Area No. No. (sq.m.) 1 FE H. HERMEDA 1 2 46.48 2 SONNY DEL ROSARIO 1 3 46.48 3 ANSELMO G. ROTILLA, JR. 1 4 46.48 4 ANTHONY JACKQUES C. CABRELES 1 5 46.48 5 RONALD P. BANARES 1 6 46.48 6 RAMIL P. BANARES 1 7 46.48 7 FRED S. BANTOLO 1 8 46.48 8 BEN S. BANTOLO 1 9 46.48 9 MADONNA L. MACASINAG 2 1 42.13 10 ELVIRA B. DADO 2 2 39.95 11 ELIZABETH B. BASILIDES 2 3 47.21 12 ADELA B. MACAPAAS 2 4 45.03 13 MELINA H. SALIENDRA 2 5 58.83 14 MARILYN M. DADO 2 6 58.83 15 MARICRIS A. TUIBEO 3 1 53.02 16 FROILAN L. MACASINAG 3 2 52.29 17 JOCELYN S. ORONGAN 3 3 60.28 18 MA. LEONILA M. CARLOS 3 4 49.39 19 VIRGILIO A. LIPIT 4 1 50.84 20 AILLEENE D. TAGUD 4 2 46.48 21 JORDAN JUBELEA 4 3 46.48 22 JONA L. BUENA 4 4 51.57 23 BALTAZAR LIPIT 4 5 58.83 24 LILY O. MONTENEGRO 4 6 58.1 25 GAUDENCIO S. BASILIDES 5 1 50.11 26 LILIA A. CEUVAS 5 2 53.02 27 IRENE O. BASILIDES 5 3 53.02 28 MANUEL L. DIAL 5 4 59.56 29 JOY B. BANTOLO 5 5 78.44 30 NIO B. BANTOLO 5 6 69.72 31 JOSEFINA D. CASTILLO 5 7 55.2 32 SATURNINO U. DEL ROSARIO 5 8 59.56 33 DIOSDADO L. BUENA 6 1 49.39 34 JOSEFINA B. RADA 6 2 46.48 35 VIRGILIO C. CATANES 6 3 46.48 36 BOBBY M. DALISAY 6 4 46.48 37 CLARITA A. BARCIAL 6 5 46.48 38 MELCHOR S. BASILIDES 6 6 46.48 39 EDITHA BASILIDES 6 7 47.94 Footnotes 1. See Annex for the masterlist of qualified beneficiaries.