Law Summary
Exemptions from Real Property Tax
- Properties owned by the U.S., Commonwealth of the Philippines, or local government units.
- Cemeteries and burial grounds.
- Religious, charitable, scientific, or educational properties.
- Properties with valuations below specified thresholds for owners with no additional property.
- Lands held by homesteaders under certain conditions, excluding buildings.
- Machinery used in industry and agriculture for the first five years.
- Fruit trees and bamboo unless principal plantation.
- Airports used for aeronautical purposes until the end of 1939.
- Depreciation allowance of 10% annually on machinery.
Valuation and Assessment Principles
- All taxable real property to be assessed at true and full value.
- Use of municipal schedule of values as a guide; property not listed must be assessed at full value independently.
Allocation and Rates of Tax Proceeds
- Proceeds allocated to provinces and municipalities where property is located.
- Provincial tax rates between 0.125% to 0.5%; municipal rates between 0.25% to 0.5% with transitional rules.
- Specific portions earmarked for roads, public works, school funds, and general funds.
- Special provisions for Mountain Province adjusting municipal and provincial shares.
Role and Powers of the Provincial Assessor
- Appointed by the President with specified salary scales.
- Authority to organize systematic assessments, maintain property maps and records, receive declarations, and adjust assessments.
- Powers to cancel duplicate or invalid declarations and adjust valuations for changes, damage, or improvements.
- Ability to issue certified copies of declarations for a fee.
Assessment Schedules and Revisions
- Preparation of schedules of property values by the provincial assessor subject to approval.
- General revision of assessments at least every two years.
- Correction of errors via amendments prescribed and overseen by the Secretary of Finance.
Declaration and Assessment Procedures
- Property owners required to declare property values upon acquisition or improvement within 60 days.
- Failure to declare results in assessor making official declaration and assessment.
- Assessor empowered to summon witnesses and take evidence for correct valuation.
- Notice to owners of increased assessment is mandatory.
Appeals Process
- Owners may appeal assessments within 60 days to a five-member Board of Tax Appeals.
- Board includes government officials and property owners; sessions funded by provincial funds.
- Board decisions can be appealed to the Secretary of Finance whose decisions are final.
- Board may review assessments on its own motion and accept various forms of evidence.
Payment and Lien of Real Property Tax
- Tax due January 1 each year.
- Taxes and penalties become a lien superior to other encumbrances.
- Notice of payment periods must be posted and published.
- Tax may be paid in two installments, with specified deadlines.
- Partial and payment under protest allowed with conditions.
- Extension of payment terms may be granted by provincial board or President, subject to conditions.
Delinquency and Collection
- Upon delinquency, notices must be posted in public places detailing consequences.
- Penalty of 1% per month up to 12% total applies for late payment.
- Personal property of delinquent taxpayers may be distrained except specified exemptions such as tools, necessary animals, clothing, household items, provisions, and professional libraries.
- Distrained property sold at public auction; proceeds exceeding obligations returned to taxpayer.
- Property may be redeemed before sale by paying tax, penalty, and costs.
Sale and Repurchase of Delinquent Real Property
- After one year, unsold or unredeemed property title transfers to purchaser or province.
- Provincial treasurer may buy property at auction for unpaid tax amount.
- Delinquent taxpayer or representative has right to repurchase within one year by paying all dues plus 12% annual interest on purchase price.
- Property remains with delinquent taxpayer and usufruct continues until repurchase expires.
- Final bill of sale issued after repurchase period expires.
- Proceeds distributed similarly to regular tax revenues.
Special Assessments
- Municipal councils empowered to levy special assessments up to 60% of cost for public improvements benefiting specific districts.
- Ordinances describing work details, costs, and payment installments must be published and landowners notified.
- Protests by majority landowners representing more than half the assessed value can challenge the assessment.
- Hearings and appeals to provincial board provided, with final decisions binding.
- Special assessments collected like ordinary taxes with similar enforcement and penalties.
Miscellaneous Provisions
- Delinquent tax constitutes indebtedness enforceable through courts.
- Taxpayers entitled to refunds for erroneous assessments for up to three years.
- Remission or reduction of taxes possible due to disasters, crop failure, or public interest by provincial boards or President, subject to approval.
- Courts limited in invalidating taxes or sales unless just amounts are paid or taxes paid under protest.
- Various government officials mandated to assist provincial assessor.
- Secretary of Finance authorized to issue rules and forms.
- Court fees waived for tax enforcement actions.
Penal Provisions
- Officers who willfully omit taxable properties face fines up to 1,000 pesos or imprisonment up to two years.
- Government officials who delay filing declarations or appeals face fines up to 500 pesos or imprisonment up to one year.
Transitory and Repealing Clauses
- Existing tax delinquencies and forfeitures governed by prior laws.
- Repeals inconsistent laws and takes effect January 1, 1940.
- Amended by subsequent Commonwealth Acts.