Question & AnswerQ&A (BIR REVENUE REGULATIONS NO. 4-2008)
The main objective is to amend the venue for payment of capital gains tax, creditable withholding tax, and documentary stamp taxes on onerous transfers of real properties owned by taxpayers classified as large taxpayers, consolidating filing and payment at the Large Taxpayers Services (LTS) Office where the taxpayer's head office is registered, thereby providing efficient service to large taxpayers.
Taxpayers classified as large taxpayers under Revenue Regulations No. 1-98, as amended, are affected by these regulations.
Capital Gains Tax (CGT), Creditable Withholding Tax (CWT), and Documentary Stamp Tax (DST) on onerous transfers of real properties.
Large taxpayers must file their returns and make payments at the Authorized Agent Bank (AAB) of the concerned Large Taxpayers Services (LTS) Office where their principal office is registered.
Within thirty (30) days following each sale or disposition of the property.
The Documentary Stamp Tax return shall be filed within five (5) days after the close of the month when the taxable document was made, signed, accepted, or transferred.
Yes, the filing of the Creditable Withholding Tax return and payment should be done with the AAB of the concerned LTS Office where the large taxpayer-seller is registered.
For properties in Metro Manila or Metro Cebu, the ocular inspection is conducted by the concerned LTS Office or LTDO Cebu before issuing TCL/CAR. Outside these areas, if there is EXTA personnel nearby, they conduct the inspection; if not, the RDO where the property is located must countersign the CAR after conducting an ocular inspection within five (5) days.
The countersigning of the CAR by the RDO becomes ministerial, but this does not prevent the RDO from conducting the ocular inspection after the release of the CAR.
Taxes and returns for the share of the large taxpayer co-venturer should be filed and paid with the AAB of the LTS Office where the large taxpayer is registered, while those of the non-large taxpayer co-venturer should be filed and paid with the AAB of the RDO having jurisdiction over the property location.