Policy Statement and Background
- Prior rule (RR No. 8-98): Venue determined by property location for all taxpayers.
- Amendment (RR No. 4-2008) centralized filing at Large Taxpayers Service (LTS) Office for large taxpayers only.
- Caused confusion due to changing taxpayer classification.
- Reversion aims for uniformity and facilitates physical inspection of property before issuing Certificate Authorizing Registration (CAR)/Tax Clearance Certificate (TCL).
Time and Place for CGT and DST on Capital Assets
- CGT Return (BIR Form 1706) and payment due within 30 days of transaction.
- Filing/payment at AAB in RDO with jurisdiction over property location.
- DST Return (BIR Form 2000-OT) due within 5 days after month-end when document was executed.
- Applies to both large and non-large taxpayers.
- Includes taxable foreclosure sales.
Time and Place for CWT and DST on Ordinary Assets
- Creditable Withholding Tax Return (BIR Form 1606) filed by withholding agent/buyer within 10 days after month-end.
- Payment and filing at AAB within jurisdiction of property's RDO.
- DST filing as per capital assets requirements.
- Applies to large and non-large taxpayers, including taxable foreclosure sales.
- Subject to specific provisions of RR 2-98 and Electronic Filing and Payment System (EFPS) when applicable.
Issuance of CAR/TCL
- CAR/TCL issued by RDO where property is located upon proof of payment of CGT or CWT and DST.
- RDO must notify seller's RDO for post-audit of tax returns to ensure full tax compliance on ordinary asset sales.
- Details of CAR recorded on reverse of sale/exchange documents by revenue officers.
- CAR/TCL is valid for one year; may be revalidated up to two years total.
- Register of Deeds prohibited from accepting CAR/TCL with erasures or alterations.
Validity of Revenue Regulations No. 24-2002
- Regulations governing data submission by Land Registration Authority, Register of Deeds, and Assessors to BIR remain fully effective.
- Covers documentation annotation, issuance, recording, and monitoring of CAR.
- Ensures all internal revenue taxes on real property transfers are paid.
Transitory Provisions for Pre-Effective Transactions
- Cash or deferred payments over 25%: CAR/TCL processed by LTS Office if taxes already paid.
- Installment sales with full payment and taxes paid: CAR/TCL processed by LTS Office.
- Installment sales without full payment: Remaining payments and tax filings transferred to RDO where property is located.
Repealing Clause
- All conflicting revenue rules and regulations or parts are amended, modified, or revoked.
Effectivity Clause
- Regulations become effective 15 days after publication in a newspaper of general circulation.