How To Transfer Land Title in The Philippines 2020
How To Transfer Land Title in The Philippines 2020
Here in the Philippines, the ultimate proof of property ownership is a title. We adopted the
Torrens Title System, a land registration and land transfer system documenting transfer of
ownership of the property, from the original owner who registered it to the succeeding
owners.
How to transfer lot title in the Philippines may not be relevant to you if you are not a real
estate professional, a property seller or a property buyer. The moment you sell or buy a
property, the transfer of title process becomes something that you may want to know
about.
In a property purchase process, it should be made clear to all parties involved – seller,
listing broker, buyer and buyer’s broker – who should be doing the title transfer. That
should have been agreed on from the start.
If you are the buyer, it is in your best interest to know how to transfer land title to new
owner, namely: YOU. You may want to do this yourself, on the assumption that you have
the time and the patience to go through with it. Alternatively, you can hire the services of a
lawyer, a licensed real estate broker or a title transfer company, for a certain service fee.
Service fees vary depending on the location of the property.
Note that we refer to it as a land title transfer procedure but the same goes when
transferring title for a condominium.
Now, before the step-by-step guide on how to transfer land titles, we assume that both
parties, the seller and the buyer have had a meeting of the minds and have executed a
document to effect the conveyance of the property. This deed of conveyance for a sale (for
example), referred to as a Deed of Absolute Sale, spells out the details of the subject
property, the selling price and the parties involved.
Note on Notarization
A notarized document signifies that both parties appeared before a notary public
and executed the deed. The act of notarization makes the document a public
document.
If one or more than one of the signatories to a deed of conveyance are based
abroad, the contract must be Apostilled in the country where the
signatory/signatories reside. Or, if the seller/s or buyer/s does not reside in the
Philippines or, for some reason, cannot be present for the signing of the contract,
the concerned party can appoint an Attorney-in-Fact to sign on their behalf by
producing a notarized Special Power of Attorney.
SPAs should have an entire chapter devoted to it but the key things to remember:
The SPA should clearly state what the Attorney-in-Fact can do: To sell? To
lease? To receive the proceeds on behalf of the seller? To deposit the proceeds
to the seller’s bank account?
An SPA is extinguished by the death of the person granting the special power
and the death of the attorney-in-fact. This is why the Bureau of Internal
Revenue and the Registry of Deeds would often require that you present a
“fresh” SPA – preferably under 1 year.
Some institutions, like banks, have a specific format for the SPAs acceptable
to them.
2) Photocopies of IDs of all signatories in the deed; all photocopies must have 3 signatures
of the owner of the ID; IDs are called “competent evidence of identity” and are defined
as a “current identification document issued by an official agency bearing the
photograph and signature of the individual”. Examples: Valid Passport, Valid Driver’s
License, Valid license cards issued by the Professional Regulations Commission, etc.
Important: Do not use expired IDs.
3) Official Receipt of the Notary Public for the notarization of the deed.
4) Certified True Copy of the Title (Get 3 copies.) You will get this from the Registry of
Deeds that has jurisdiction over the property.
5) Certified true copy of the latest Tax Declaration. When you request for the certified true
copies of the latest Tax Declaration indicate for “BIR Purposes”. Please take note that
there are separate tax declarations for the land and for the improvement (ex. house,
building). The Tax Declaration is issued by the Assessor’s Office of the city or
municipality where the property is located.
6) Tax Clearance – Issued by the Office of the Treasurer of the city or municipality. This
certifies that the Real Property Taxes for the property, both the land and improvements,
have been paid.Requirements to get a Tax Clearance:
a. Latest Tax Declaration
b. Latest Official Receipts of Real Property Tax payments
c. Previous Tax Clearance (if any)
d. SPA and valid ID if the requesting party is not the registered owner
7) Clearance from the Homeowners Association (HOA) if property, whether lot, house and
lot, lot with building, is located inside a subdivision or Management Certificate if
property is a condominium unit. Both the HOA Clearance and Management Certificate
prove that the seller has settled all HOA/condo dues for the year. The certificate also
indicates if the property has been leased. Note: Have this certificate notarized.
8) Marriage certificate (for married sellers and buyers)
9) Birth certificate (only when applicable). In cases of Deed of Donation proving
relationship between donor and donee or Extra-Judicial Settlement to prove relationship
between decedent and heirs.
10) Certificate of No Marriage (Cenomar) (only when applicable). Needed if seller or buyer
is single. Please take note that the Cenomar is valid only for six (6) months from
issuance by the Philippine Statistics Authority (PSA)
11) For lots-only sale: Certificate of No Improvement. Secure this from the Assessor’s
Office of the city or municipality
12) 3” x 5” color photos of the property frontage or facade
a. Land and House – Photo showing the front outside of the house including the house
number.
b. Condominium – Photo showing the building with the building name visible. Photo of
the unit door with the door number visible.
13) Location map – just print a Google Map pertaining to the property.
14) Owner’s Duplicate Copy of the Title
a. Transfer Certificate of Title (TCT) – for land or house and lot or lot with improvement
b. Condominium Certificate of Title (CCT) – for a residential condominium, office
condominium or parking unit
15) Special Power of Attorney to Process the Title Transfer – if someone else shall process
your title transfer. This SPA shall be required by the BIR, LGU Treasurer’s Office,
Registry of Deeds, and LGU Assessor’s Office. Important: It should be signed by
the seller.
STEP 1.A – END RESULT: You will get an official computation of the Capital Gains Tax (or
Value-Added Tax, Creditable Withholding Tax – whichever is applicable) and the
Documentary Stamp Tax, signed by a BIR Officer in the RDO.
Submit the documents required to the BIR’s Revenue District Office (RDO) that has
jurisdiction over the sold property. Note: BIR organized the Revenue District Offices per
geographic area. For more information as to which Revenue District Office your property
belongs, please visit www.bir.gov.ph.
Where to Transact: BIR Revenue District Office that has jurisdiction over the property
NOTE: To avoid penalties and surcharges, the Capital Gains Tax / Value-Added Tax should
be paid thirty (30) days from notarization date and the Documentary Stamp Tax should be
paid on the nearest 5th day of the month following the notarization date. Be very careful of
the date when your deed of conveyance will be notarized.
You now have an official computation, go to Step 1.B.
STEP 1.B – END RESULT: Capital Gains Tax or Value-Added Tax and Documentary Stamp
Taxes are paid; BIR forms stamped “received” by the Authorized Agent Bank; the stamped
BIR returns are proofs of payments
Go to the Authorized Agent Bank and pay for the Capital Gains Tax or Value-Added Tax
and Documentary Stamp Tax.
Documents Required:
Important: Check with the RDO or check with the bank itself. Sometimes, the BIR website
listing the Authorized Agent Banks under that RDO is not updated. Avoid a major
headache! (1) Make sure the property is under the RDO you are dealing with. (2) Make sure
you are paying in an Authorized Agent Bank (AAB) of that specific RDO.
You now have your BIR forms stamped by the bank, go to Step 1.C.
STEP 1.C – END RESULT: Secure the Certificate Authorizing Registration (CAR) from the
BIR
Submit all documents listed in Step 1.A and Step 1.B to the BIR RDO. (except item #5
under Step 1.B since you’ve already paid it at the Authorized Agent Bank).
You will receive a time estimate of when the CAR and the documents you submitted will be
available for pickup. This used to take about 2 weeks. It should be faster now with the
government’s anti-red tape campaign.
Go back to the BIR RDO on the scheduled date. Pay the fee for the certificate. Important:
Keep the receipt. This is additional proof that the Certificate Authorizing Registration (CAR) is
authentic and valid.
Pickup the CAR, the supporting documents, most specially, the original deed of conveyance
stamped “Received by BIR” and signed by an RDO Officer at the back.
The CAR you will receive has 2 copies: one blue color for use for the transfer and one brown
as your copy. Important: Safekeep the brown copy of the CAR with your new title and tax
declaration once it comes out.
Submit documents (#1 to #6) plus the BIR Certificate Authorizing Registration to the
Treasurer’s Office of the Local Government Unit.
The Treasurer’s Office computes for the transfer tax. Pay the transfer tax. You can pay in
cash or via Manager’s Check. This will take just a few minutes.
TIP: The Transfer Tax is due sixty (60) days from the Notarization Date of the deed of
conveyance. What if it’s already 50 days and you still don’t have the CAR from the BIR? You
can actually explain this to the Treasurer’s Office and pay for the Transfer Tax ahead of the
issuance of the CAR. This saves you from the penalties if you fail to pay the Transfer Tax on
time. The Treasurer’s Office will issue an Official Receipt for your Transfer Tax payment but
you’ll still need to go back to them once the CAR and the supporting documents are released
by the BIR to have the deed of conveyance stamped. Note: The Treasurer’s Office may require
you to submit an original (not photocopy) of the notarized deed of conveyance. Aren’t you glad
you have an extra copy?
END RESULT: Official Receipt from the LGU’s Treasurer’s Office proving payment of the
Transfer Tax and a rubber stamped mark by the Treasurer’s Office at the back of the deed
of conveyance; some LGUs also release a tax certificate. You now have one original set of
the conveyance document with rubber stamped marks signed by the BIR and the LGU’s
Treasurers Office.
Submit documents to the Registry of Deeds. The RD computes for the registration fees. Pay
the registration fees. It normally takes about 2 weeks to produce the new title. It should be
faster now.
As a result of the Covid-19 pandemic and the consequent lockdowns (ECQ, MECQ, GCQ,
etc.), expect delays. For example: the Registry of Deeds of Quezon City would only allow 20-
25 transactions (transfers, etc.) daily. People line up as early as 3AM just to get a number!
Documents Required:
END RESULT: Assessor’s Office issues a new tax declaration. New owner pays the
assessment fees under the new tax declaration.
Documents Required:
Certified true copy of the new title or Photocopy of New Title but present original
Owner’s copy of the new title
Photocopy of the previous title
Deed of conveyance
Certified true copy of latest Tax Declaration (For BIR purposes)
Transfer Tax Receipt (original and 2 photocopies)
If previous owner is a corporation: Business Tax Receipt / Business Permit (original
and 2 photocopies)
BIR Certificate Authorizing Registration (Duplicate and photocopy)
Tax Clearance (original and photocopy)
Photos of property
Subdivision plan if land is subdivided
Safekeep:
Your New Title
Your New Tax Declaration
The brown copy of the BIR CAR
BONUS TIP: If you bought a condominium or subdivision property, don’t forget to inform the
HOA/condo corp that you are now the new owner of the property. They will require a
Certified True Copy of the Title (your new title), a copy of the new tax declaration and a copy
of the deed of conveyance.