Ante-dating deeds to evade real property taxes

Ask AI

BIR REVENUE MEMORANDUM CIRCULAR NO. 34-91: Ante-dating deeds to evade real property taxes

What do you want to know about the law?
Ask AI quickly gives answers based only on the current context to avoid mistakes. Always verify with the original text.

New Chat Started

Ask AI

Title Source: Supreme Court: Ante-dating deeds to evade real property taxes

Law: Bir Revenue Memorandum Circular No. 34-91

Decision Date: Apr 8, 1991

To combat tax evasion, the BIR mandates that any Deeds of Sale for real properties presented more than three months after notarization will be treated as ante-dated, ensuring tax liabilities are assessed based on current regulations.

Law Summary

Common Types of Ante-Dating Practices

Ante-dating documents before the capital gains tax law became effective.
Ante-dating before the issuance of Finance Department Orders establishing zonal values for specific areas.
Ante-dating before regulations imposing creditable withholding tax on sales or transfers of real property came into effect.

Regulatory Response and Rule

Public instruments involving real property transfers submitted to the appropriate revenue official more than three (3) months after notarization will be presumed ante-dated.
Tax liabilities will be assessed based on the rules and regulations in force at the time the document is presented to the Bureau of Internal Revenue (BIR), not the date on the document.

Enforcement and Compliance

Strict enforcement of this circular is mandated to prevent revenue loss.
Public officials and taxpayers are enjoined to comply fully with the stipulated rules to maintain integrity in tax collection.

Legal Authority

Issued by the Commissioner of the Bureau of Internal Revenue, JOSE U. ONG, on April 8, 1991.

END