Using Tax Declaration in the Philippines, an article from Mazars Tax Services Firm in the Philippines and Tax Consultant. - Mazars - Philippines (2024)

21 November 2023
Mazars shares a short guide to using and acquiring a Tax Declaration in the Philippines.

Owning property is among the most critical steps in establishing a business in the Philippines. Owning your base of operations will give your brand much-needed prestige; it may even attract attention from both customers and potential business partners. As such, as a business owner, it is imperative that you have a particular claim of title over your property that can be a basis for inferring possession.

Tax declaration is a property record document that provides this claim. It is a formal assessment document used by provincial, city or municipal assessors to show the market and assessed property values as the basis for collecting real property tax.

The document also presents the value of the real property, be it for land or the machinery/equipment used, for purposes of Real Property Tax, assessed against the owner/taxable person or entity, as authorised under the Local Government Code (RA (Republic Act) 7160).

Uses of Tax Declaration

Tax declarations and receipts are defined as “prima facie proofs of ownership or possession of the property for which such taxes have been paid.” It can be used as a basis for a claim of ownership if accompanied by actual proof of possession of the property.

However, it is not advisable to purchase land only using a tax declaration since they are no conclusive evidence for ownership. It can lead to buying property from individuals not legally entitled to it.

Requirements for Tax Declaration

Business owners need to complete specific requirements before receiving a tax declaration form. The basic requirements are the following:

  • Request for Issuance of Updated Tax Declaration form.
  • Title (Certified True Xerox Copy)
  • Deed of Sale/ Extra Judicial Settlement/ Partition Agreement.
  • Updated Real Property Tax Payment (Amilyar)
  • Latest Tax Declaration (TD/OHA)
  • Transfer Tax Receipt.
  • Certificate Authorizing Registration (CAR) from BIR (Bureau of Internal Revenue).

There are also other requirements needed, among these include submitting at least one (1) copy of the following:

1.) Transfer of ownership

  • Transfer Certificate of Title
  • Latest Realty Tax Receipt or Tax Clearance
  • Certified True Copy of Certificate Authorizing Registration (CAR)
  • Transfer Tax Receipt or Certification
  • Deed of Conveyance (Deed of Sale, Donation, Waiver of Rights, Sheriff’s Sale, Extrajudicial Settlement of Estate, etc.)

2.) New Declaration of building and machinery

  • Initial Tax Declaration from Municipal Assessor’s Office (MAO)
  • Sworn Statement duly prepared and signed by the Owner
  • Field Appraisal and Assessment Sheet (FAAS)
  • Bill of Materials and Occupancy Permit (for Building)
  • Receipt of Purchase or any proof showing Acquisition Cost (for Machinery)

3.) Correction (Spelling of Name, Property Identification No, Barangay, Area, etc.)

  • Transfer Certificate of Title
  • Latest Realty Tax Receipt or Tax Clearance

Afterwards, all submitted documents will be processed by the municipal assessor within three (3) working days. You can also request a maximum of 10 tax declarations from the regional office where they initially submitted their requirements.

Using Tax Declaration in the Philippines, an article from Mazars Tax Services Firm in the Philippines and Tax Consultant. - Mazars - Philippines (2024)

FAQs

What is tax declaration in the Philippines? ›

The tax declaration serves as the municipal permanent record for every property owner (land, building & machinery).

Is tax declaration proof of land ownership in the Philippines? ›

Tax receipts and declarations are prima facie proofs of ownership or possession of the property for which such taxes have been paid. Coupled with proof of actual possession of the property, they may become the basis of a claim for ownership. It was held in the case of Republic of the Philippines v.

How do I apply for a tax declaration in the Philippines? ›

Requirements for Tax Declaration
  1. Request for Issuance of Updated Tax Declaration form.
  2. Title (Certified True Xerox Copy)
  3. Deed of Sale/ Extra Judicial Settlement/ Partition Agreement.
  4. Updated Real Property Tax Payment (Amilyar)

What is the penalty for tax declaration in the Philippines? ›

(A) There shall be imposed, in addition to the tax required to be paid, a penalty equivalent to twenty-five percent (25%) of the amount due, in the following cases: Failure to file any return and pay the tax due thereon as required under the provisions of this Code or rules and regulations on the date prescribed.

What is proof of ownership in the Philippines? ›

Ownership of registered land is evidenced by either an original or transfer certificate of title issued by the relevant register of deeds.

What is the difference between tax declaration and land title in the Philippines? ›

Although a tax declaration is not a title, a tax declaration is an evidence of the will to posses a property and that the holder had a claim of title over the same (Philippine Legal Dictionary, 3rd Edition). The presumption is that legal owners of the property file the tax declarations.

What is the purpose of the tax file declaration? ›

TFN declaration

Each of your employees should complete a Tax file number declaration. This allows you to work out the amount you withhold from payments to the employee. You must lodge TFN declaration details with us, unless your employee has completed the employee commencement forms in ATO Online Services.

What is the purpose of the tax file declaration form? ›

Complete a tax file number (TFN) declaration, so your payer can work out how much tax to withhold from their payments to you. Why you should complete your TFN declaration form online. Understanding the terms we use and work out if you should or should not complete this form.

What are the requirements for transfer of tax declaration in the Philippines? ›

gFile documents at the Registry of Deeds for the issuance of new land title
  • Original Copy of the Deed of Sale or Deed of Absolute Sale stamped as received by the BIR, plus three photocopies.
  • Seller's Owner's Duplicate Copy of the TCT or CCT.
  • Original Copy of the CAR.
  • Original Copy of the Tax Clearance.

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