Law Summary
Definition of Habitually Engaged in Real Estate Business (HEREB)
- A person or entity who, as an owner or developer, regularly undertakes development and construction of subdivisions or housing projects for sale to the general public.
- Real estate activities must constitute the regular source of income for the person or entity.
- Compliance with government standards, rules, and regulations is required, including submission and updating of reportorial requirements to HLURB.
Procedural Aspects
- Entities must submit and update reports in accordance with prescribed government standards.
- The HLURB is responsible for monitoring compliance and issuance of HEREB Certificates.
Legal and Tax Implications
- Classification as HEREB affects the applicable creditable withholding tax rates on sales of real property.
- Ensures that real estate developers meeting the criteria benefit from tax provisions while promoting transparency and regulatory compliance.
Authority and Approval
- Resolution approved by the Board of Commissioners on October 19, 2000.
- Adopted formally on December 14, 2000, by the Chief Executive Officer and Commissioner of HLURB, Romulo Q.M. Fabul.