Title
Tax Base for Real Property Sales
Law
Bir Revenue Audit Memorandum Order No. 2-91
Decision Date
Feb 18, 1991
BIR Revenue Audit Memorandum Order No. 2-91 updates the tax base determination for the sale, transfer, or disposition of real property and improvements, amending previous regulations to ensure accurate internal revenue tax assessments.
A

Definitions of Key Terms

  • Agricultural land: Land devoted to raising crops, pasturing, dairying, fishing, salt-making, including timber and forest lands (Real Property Tax Code, P.D. No. 464 as amended)
  • Commercial land: Land primarily used for commercial profit-making purposes, including its improvements (Real Property Tax Code)
  • Condominium: An interest in real property consisting of separate units with undivided interest in common areas and land (Condominium Act, R.A. No. 4726)
  • Condominium Unit: A designated part of a condominium project used independently, may include multiple rooms/floors and accessories (Condominium Act)
  • Improvement: Valuable addition or enhancement to property that improves its value, beauty, or utility beyond mere repairs (Real Property Tax Code)
  • Industrial land: Land principally devoted to industrial capital investment, including improvements (Real Property Tax Code)
  • Townhouse: An independent dwelling attached by party walls on adjacent lots (Housing and Planning Manual by De Chiara and Koppelman)

Determination of Tax Base: When Zonal Value is Established

  • Compute value of improvement either by:
    • Selling price less zonal value of land, or
    • Construction cost per permit plus 10% per year after construction, or
    • Market value per latest tax declaration plus 100%/150%
  • Tax base formula: Zonal value of land plus market value of improvement (whichever method yields higher value)

Determination of Tax Base: When Zonal Value is Not Established

  • Use either:
    • Total selling price per deed of sale, or
    • Market value of land plus improvements (construction cost plus 10% annual increase or market value plus 100%/150%)
  • Tax base is the higher of these values

Market Value of Land

  • Add 100% to market value per latest tax declaration generally
  • For commercial, industrial, agricultural devoted to fishpond or prawn farm, add 150%

Market Value of Improvement

  • For improvements constructed 1986 to 1990:
    • Use construction cost from building/occupancy permit plus 10% per year after construction
    • For places without permits outside NCR and chartered cities, use market value plus 100%
    • Add 150% for commercial, industrial, and agricultural fishpond/prawn farm
  • For improvements constructed 1985 and earlier:
    • Use market value per latest tax declaration plus 100%, or plus 150% for commercial, industrial, and agricultural fishpond/prawn farm

Additional Requirements on Transfer or Disposition

  • If property has no improvements, taxpayer must submit an affidavit or certification from local assessor confirming no existing improvements

Amendatory and Effectivity Provisions

  • This Order amends previous RMO 3-87, RAMO 1-88, and other inconsistent issuances
  • Effective immediately upon adoption on February 18, 1991

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