Title
Tax Exemption Procedure for Sale of Principal Residence
Law
Revenue Memorandum Circular No. 45-2002, October 14, 2002
Decision Date
Oct 14, 2002
Revenue Memorandum Circular No. 45-2002 streamlines the tax exemption process for the sale of principal residences by eliminating the need for prior tax exemption rulings and establishing new guidelines for the issuance of Certificates Authorizing Registration and Tax Clearance Certificates.

Q&A (REVENUE MEMORANDUM CIRCULAR NO. 45-2002, OCTOBER 14, 2002)

RR No. 14-2000 requires the execution of an Escrow Agreement involving the Revenue District Officer (RDO), the Authorized Agent Bank (ABB), and the seller/transferor covering the amount of capital gains tax involved in the sale of the principal residence.

No, according to Section 1 of the Circular, the tax exemption ruling referred to in the earlier RMCs is no longer necessary for issuance of the Certificate Authorizing Registration and/or Tax Clearance Certificate.

The RDO must initiate assessment of deficiency capital gains tax and apply the escrowed bank deposit against the deficiency following the guidelines under Section 3(7) of RR 13-99 as amended by RR 14-2000.

The seller has an 18-month period from acquisition or construction during which the proceeds must be used to acquire or construct a new principal residence.

The deficiency capital gains tax will be assessed and the escrowed amount held in the bank will be applied to cover the tax deficiency.

The parties are the Revenue District Officer (RDO), the Authorized Agent Bank (ABB), and the seller/transferor of the principal residence.

Section 24(D)(2) of the Tax Code of 1997.

Yes, Section 3 provides that all internal revenue issuances inconsistent with this Circular are repealed, modified, or amended accordingly.

The Circular took effect immediately upon approval on October 14, 2002.


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