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.