Title
Supreme Court
Doc. Requirements for Property Transfers
Law
Bir Revenue Memorandum Circular No. 76-2007
Decision Date
Oct 25, 2007
BIR Revenue Memorandum Circular No. 76-2007 mandates additional documentary requirements for one-time transactions involving real property transfers to ensure accurate payment and remittance of internal revenue taxes.

Law Summary

Required Official Receipts and Proofs of Payment

  • Submission of photocopy of official receipts issued by the seller is mandatory.
  • Purpose: To determine the nature of sale—whether cash basis, deferred payment (payments exceed 25% of selling price in year of sale), or installment sale (payments do not exceed 25% of selling price in year of sale).
  • Original official receipts must be presented to the Bureau of Internal Revenue (BIR) for authentication during Certificate Authorizing Registration (CAR) processing.
  • If seller is not engaged in business, acknowledgment receipts or any proof of payment must be submitted.
  • Addresses the issue where only the Deed of Absolute Sale is presented; official receipts validate the payment terms.

Certified True Copy of Original Certificate Authorizing Registration (CAR)

  • Certified true copy of the original CAR from the Registry of Deeds is required.
  • Alternatively, a certification issued by the Registry of Deeds indicating:
    • Serial number and date of issuance of CAR.
    • Revenue District Office number issuing the CAR.
    • Name of Revenue District Officer who signed the CAR.
    • Type and amount of taxes paid.
  • Applies to transfers prior to issuance of Original/Transfer Certificate of Title (OCT/TCT) or Condominium Certificate of Title (CCT).
  • Specifically required for OCT/TCT/CCT issued starting 2007 if the Registry of Deeds fails to annotate CAR information.

Legal and Regulatory Basis

  • CAR annotation requirement is pursuant to Section 5 of Revenue Regulations No. 24-2002 dated November 15, 2002.
  • Further mandated under Section 1 of Memorandum Order No. 233 dated December 11, 2006, issued by the President.
  • Circularized by Revenue Memorandum Circular No. 3-2007.

Enforcement and Publicity

  • All internal revenue officials and employees are enjoined to widely publicize this Circular.
  • Aims to enhance compliance and verification of tax payments related to real property transfers.

Summary of Procedural Requirements

  • Submit photocopy of official receipts or proof of payment along with other documents.
  • Present original receipts for authentication upon CAR application.
  • Provide certified true copy or certification of original CAR details from Registry of Deeds.
  • These documents complement existing documentary checklist under Revenue Memorandum Order No. 15-2003.

Important Legal Concepts

  • Differentiation of sale types: cash basis, deferred payment sale, installment plan based on payment percentages.
  • Verification mechanism through official receipts to ensure tax compliance.
  • Record-keeping and annotation duties of the Registry of Deeds.
  • Government's authority to demand additional documentary proof for tax administration purposes.

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