Law Summary
Filing and Payment Authority
- Capital gains tax for one-time transactions involving real property sales must be filed and paid through the Authorized Agent Bank (AAB) or collection agent within the jurisdiction of the RDO where the property is located.
- BIR Form 1706 is mandated for reporting this specific type of capital gains tax transaction.
- Tax collections from these transactions are credited to the RDO where the property is situated, regardless of the seller’s registered location.
Taxpayer Registration Requirements
- Sellers involved in one-time transactions without a previously issued Taxpayer Identification Number (TIN) must register in compliance with the regular Registration (REG) guidelines.
- Registration excludes attachments such as Capture Form (Form 1925), marriage certificates, and birth certificates of dependents until minimal TIN issuance requirements are established.
Acceptance of Out-of-District Returns and Issuance of Certificates
- Authorized Agent Banks shall accept out-of-district capital gains tax returns pertaining only to one-time transactions.
- Non-ITS RDOs responsible for the property location must issue the corresponding Certificate Authorizing Registration (CAR).
- ITS RDOs shall issue the Tax Clearance (TCL) instead.
Procedures for System Unavailability
- In the event of computer system unavailability for one hour or more, manual issuance of the CAR is required.
- The concerned Revenue Data Center (RDC) Head must be promptly notified.
- The RDC Head is responsible for logging the incident at the Help Desk, broadcasting the system outage, and announcing the resumption of system functionality.
Handling of Transactions Involving Multiple Property Locations
- Filing and payment must occur with the RDO corresponding to each property's location.
- If payments are consolidated (lumped), the responsible RDO shall estimate the value distribution among the respective properties.
Exemption from Guidelines
- The policies do not apply to estate tax and donor's tax transactions.
Repealing Clause
- All prior orders or issuances inconsistent with this memorandum are repealed, amended, or modified accordingly.
Effectivity
- This memorandum takes effect immediately upon issuance on November 25, 1998.