Title
Redemption rules on tax delinquent property
Law
Revenue Memorandum Circular No. 46-2018
Decision Date
Jun 20, 2018
Revenue Memorandum Circular No. 46-2018 clarifies that delinquent taxpayers must fully pay all public taxes, penalties, and interest to validly redeem properties sold at public auction, ensuring they retain possession and income from the property until the redemption period expires.

Legal basis: Section 214 NIRC

  • Section 214 of the NIRC establishes a one-year redemption right for a delinquent taxpayer (or someone acting for him) after a sale of property in a public auction.
  • Section 214 requires redemption to be made by paying to the Revenue District Officer specified amounts, including public taxes, penalties, and interests, plus a redemption interest on the purchase price.
  • The law provides that redemption—once properly made—entitles the payer to specified certificates and requires the Revenue District Officer to pay the redemption proceeds to the purchaser.
  • Section 214 provides that, after redemption, the property is free from the lien of the redeemed taxes and penalties.
  • Section 214 preserves the owner’s possession and entitlement to rents and other income until the redemption period expires.

Policy and guiding purpose

  • The circular is issued for the guidance of the taxpaying public and revenue officials handling redemption cases.
  • The circular is directed to the national and regional committees that conduct public auctions of seized/forfeited properties from delinquent taxpayers.
  • The circular’s purpose is to ensure uniform application of the interpretation of Section 214 in redemption of properties sold in public auction.

Redemption right and who may redeem

  • A delinquent taxpayer, or any one for him, has the right of paying within one (1) year from the date of sale.
  • Redemption must be made by payment to the Revenue District Officer.
  • The payment must cover amounts computed under Section 214, including components tied to (a) the period from date of delinquency to date of sale, and (b) the period from date of purchase to date of redemption.
  • The law recognizes that redemption is effected through payment and the issuance of the required certificates to the redeemer.

Required amounts for valid redemption

  • For redemption to be valid, the delinquent taxpayer (or any one for him) must pay all public taxes, together with interests and penalties.
  • The redemption payment must include:
    • public taxes;
    • penalties prescribed under Section 248 of the NIRC;
    • interest prescribed under Section 249 of the NIRC computed from the date of delinquency to the date of sale; and
    • interest on purchase price at 15% per annum from the date of purchase to the date of redemption.
  • Failure to pay all public taxes including interest and penalties makes the redemption invalid.
  • The circular emphasizes that redemption requires payment of every required component; redemption is not valid if any required component is unpaid.

Redemption procedure and certificates

  • The redeemer must pay the required sums to the Revenue District Officer within one (1) year from the date of sale.
  • Payment must be accompanied by the issuance of:
    • a certificate issued to the purchaser; and
    • a certificate from the Revenue District Officer that the property has been redeemed.
  • After redemption, the Revenue District Officer must forthwith pay over to the purchaser the amount by which the property has been redeemed.
  • Upon redemption, the property thereafter becomes free from the lien of such taxes and penalties.

Effects on possession and income

  • The owner must not be deprived of possession of the property during the redemption period.
  • The owner remains entitled to the rents and other income of the property until expiration of the time allowed for its redemption.

Officials’ duties and publicity requirement

  • All internal revenue officers and employees are enjoined to give the circular as wide a publicity as possible.
  • National and regional committees designated to conduct public auctions of seized/forfeited properties must use the circular’s interpretation when handling redemption.

Administrative consequence of non-compliance

  • Improper or incomplete redemption—specifically, failure to pay all public taxes including interest and penalties—results in invalid redemption.

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