Module 06 - Capital Gains Tax
Module 06 - Capital Gains Tax
10
11
12
13
14
15
16
LEARNING OUTCOMES
At the end of this module, you are expected to:
Pre-Activity
Try to answer the following questions.
1. Who do you think pays the tax on a sale of real property?
2. When is a property considered real or personal?
3. What differentiates a capital asset from the ordinary asset?
4. Where are stocks normally bought?
5. How are land parcels valued?
1. A property purchased for future use in business is an ordinary asset even though this
purpose is later thwarted by circumstances beyond the taxpayer's control.
2. Discontinuance of the active use of the property does not change its character previously
established as a business property.
3. Real properties used, being used, or have been previously used, in trade of the taxpayer
shall be considered ordinary assets.
4. Properties classified as ordinary assets for being used in business by a taxpayer not
engaged in the real estate business are automatically converted to capital assets upon
showing of proof that the same have not been used in business for more than 2 years
prior to the consummation of the taxable transaction involving such property.
5. A depreciable asset is an ordinary asset even if it is fully depreciated, or there is a failure
to take depreciation during the period of ownership.
6. Real properties used by an exempt corporation in its exempt operations are considered
capital assets. Exempt corporations are not business.
7. The classification of property transferred by sale, barter or exchange, inheritance,
donation, or declaration of property dividends shall depend on whether or not the
acquirer uses it in business.
8. For real properties subject of involuntary transfer such as expropriation and foreclosure
sale, the involuntariness of such sale shall have no effect on the classification of such real
property.
9. Change in business from real estate to non-real estate business shall not change the
classification of ordinary assets previously held.
Taxpayers engaged in real estate business includes real estate dealer, real estate developer,
real estate lessor and taxpayers habitually engaged in real estate business.
Taxpayers habitually engaged in real estate business include those registered with the
HLURB or HUDCC as dealer or developer or those with at least 6 taxable real estate sales
transactions in the preceding year
Under the NIRC, the fair value of real property is whichever is higher of the:
a. Zonal value, which is the value prescribed by the Commissioner of Internal Revenue for
real properties for purposes of enforcement of internal revenue laws; and
b. Assessed value, which is the value prescribed by the City or Municipal Assessor's Office
for purposes of the real property tax
Note that independent appraisal valuation, the fair value commonly used in external financial
reporting, is not used in the computation of the capital gains tax.
Illustration 6.1
Jackie sold a residential house and lot for P6,000,000. She purchased the lot when it was worth
P1,200,000 and a constructed a house on it for P3,500,000. The lot has a zonal value of
P2,100,000. The assessor’s value of the house and lot are P4,000,000 and P2,000,000,
respectively.
Nature
Presumption of capital gains
The 6% capital gains tax applies even if the sale transaction resulted to loss. Gain is always
presumed to exist. The basis of taxation is the selling price or fair value whichever is higher, not
the actual gain.
Final tax
The capital gains tax shall be withheld by the seller and remit the same to the government.
The sale of real property located abroad is not subject to capital gains tax since withholding of the
capital tax cannot be imposed abroad due to territorial consideration. Hence, the actual gains
realized on the sale, exchange, and other dispositions of properties abroad are subject to the
regular income, z if the taxpayer is taxable on global income such as resident citizens and
domestic corporations. For all other taxpayers, the capital gain realized abroad is exempt.
The alternative taxation is intended to ease the burden of government expropriation where
taxpayers may incur losses on the forced expropriation sale and are still required to pay tax.
Illustration 6.2
An individual taxpayer bought a house and lot near a highway at a cost of P2,000,000. After
several years, the government invoked its power of eminent domain to buy the property for
the expansion of the highway.
Assuming the property has a fair value of P1,800,000 for purposes of the expropriation, the taxpayer
would be forced to incur P200,000 loss (P1.8M-P2.0M) and still pay the 6% capital gains tax. This
would be too oppressive to the taxpayer. With the alternative regular income tax option, the taxpayer
would be given the benefit of deduction of the P200,000 capital loss without being imposed the 6% capital
gains tax.
Requisites of exemption:
1. The seller must be a citizen or resident alien.
2. The sale involves the principal residence of the seller-taxpayer.
3. The proceeds of the sale is utilized in acquiring a new principal residence.
4. The BIR is duly notified by the taxpayer of his intention to avail of the tax exemption
within 30 days of the sale through a prescribed return (BIR Form 1706) and "Sworn
Declaration of Intent".
5. The reacquisition of the new residence must be within 18 months from the date of sale.
6. The capital gain is held in escrow in favor of the government.
7. The exemption can only be availed of once in every 10 years.
8. The historical cost or adjusted basis of the principal residence sold shall be carried over
to the new principal residence built or acquired.
It must be emphasized that the sale of principal residence must acquisition of the new principal
residence to be exempt.
Illustration 6.3
Helen sold her principal residence with a fair market value of P6,000,000 for P5,000,000. Helen
purchased the residence for P3,000,000 several years ago. The imposable capital gains tax is 6%
of P6,000,000 or P360,000.
Helen should indicate her intention to apply for exemption in the capital gains tax return to be filed and
submit a Sworn Declaration of Intent. She will be required to deposit the P360,000 capital gains tax in
an escrow account in favor of the government.
Full Utilization
Assuming Helen acquires a new principal residence for P5,200,000 within 18 months, the P360,000
capital gains tax in escrow will be released to her. If Helen does not acquire a new principal residence
within 18 months, the capital gains tax in escrow will be taken by the government. If the proceeds are
fully utilized, the tax basis of the new residence, which is now at P3,200,000, shall be the basis of the old
residence plus additional cost incurred by the taxpayer in acquiring the new residence. The additional
cost is the excess of the purchase price of the new rest over the selling price of the old residence.
Partial Utilization
Assume Helen uses only P4,500,000 out of the P5,000,000 proceeds in acquiring her new residence. The
portion representing the unused proceeds shall be subject to tax, thus, only 90% is exempt. Of the
P360,000 deposited in escrow, P324,000 will be remitted to the government and the balance of P36,000
is released to the taxpayer. Any interest which might have accrued on the escrow fund shall be released
to the taxpayer. The government is entitled to the amount of the unpaid tax only. The similar percentage
is multiplied with the tax basis of the old residence to get the new tax basis of the new residence, in this
case, P2,700,000, which is 90% of P3,000,000.
Capital Gains Tax Exemption under Special Laws
Sale of land pursuant to the Comprehensive Agrarian Reform Program
Sale of land under the Comprehensive Agrarian Reform Program The sale of agricultural lands
by landowners pursuant to the Comprehensive Agrarian Reform Program of the government
shall be exempt from capital gains tax. Similarly, interest income on the selling price that may
have been agreed by the landowner and the tenant-buyer shall he exempt from income tax.
Illustration 6.4
A taxpayer disposed a real property capital asset acquired for P2,000,000 10 years ago for
P4,000,000. The property has a zonal value of P5,000,000 and declared real property value per
real property tax declaration of P3,000,000.
The documentary stamp tax shall be computed from the fair value since it is higher than the selling price.
Hence, the documentary stamp tax shall be P75,000 computed as P15/P1,000 x P5,000,000.
1. Preferred stocks
2. Common stocks
3. Stock rights
4. Stock options
5. Stock warrants
6. Unit of participation in any association, recreation, or amusement club
The capital gains tax covers not only sales of domestic stocks for cash but also exchange of
domestic stocks in kind and other dispositions such as:
Nature
Universal Tax
It applies to all taxpayers disposing stocks classified as capital assets regardless of the
classification of the taxpayer. BY situs, the gain on sale of domestic stocks is within. The tax still
applies even if the sale is executed outside the Philippines.
Annual Tax
It is imposed on the annual net gain on the sale of domestic stocks directly to buyer.
Not unlike the CGT on sale of real properties, the gain is not presumed here. There will only be a
tax liability if the sale results to a net gain.
Since documentary stamp taxes may be paid by either party to the contract, such tax incurred on
the sale is only deducted if it is paid by the seller.
Illustration 6.5
EGA Company, a non-dealer in stocks, holds 100,000 listed shares of AKR Company, a
domestic corporation. It was acquired at P20 each. On January 5, 2020, it sold 30,000 shares for
P540,000. On March 16, 2020, it sold 50,000 shares P1,150,000. It sold the remaining shares for
P500,000 on September 14, 2020.
Scenario 3: EGA is a non-resident foreign corporation and the sale is made directly to buyer.
The procedure is similar to Scenario 2. The only difference would be the use of the two-tiered rate.
1/5 3/16 9/14 Annualized
Net Capital Gain (Loss) (60,000) 150,000 100,000 190,000
First-Tier CGT - 5,000 5,000 5,000
Second-Tier CGT - 5,000 - 9,000
CGT Due 0 10,000 5,000 14,000
CGT Credits 15,000
CGT Still Due (Refundable) (1,000)
Illustration 6.6
A taxpayer sold domestic stocks with total par value of P800,000 for P1,200,000. The stocks have
a fair value of P1,250,000 and were acquired for P1,000,000.
Illustration 6.7
Acquisition of identical shares before and after a losing sale. In 2019, Mr. Iriga had the following
transactions in the shares of Naga Corporation, domestic corporation:
Date Transaction Shares Price/Share Value
January 4 Purchase 15,000 20.00 300,000
February 15 Purchase 5,000 21.00 105,000
February 28 Sale 12,000 18.00 216,000
March 4 Purchase 3,000 16.00 48,000
April 18 Sale 5,000 25.00 125,000
The shares sold on February 28 were the shares bought on January 4, 2019. The sale on April
18 were the shares bought on February 15.
The capital loss is P24,000 computed as (P18/share selling price - P20/share cost) x 12,000 shares sold.
Since the sale happened on February 28, it a wash sale of February 15 and March 4 purchases. The
portion of the capital loss allocable to the 8,000 replacement shares (5,000 from Feb 15 and 3,000 from
Mar 4) is deferred and capitalized and the balance recognized as a deductible loss.
Date Computation Deferred Loss Purchase Price New Tax Basis
February 15 5,000/12,000 x 24,000 10,000 105,000 115,000
March 4 3,000/12,000 x 24,000 6,000 48,000 54,000
The deductible capital loss of P8,000 is computed by 4,000/12,000 x 24,000.
The capital gain on April 18 is P10,000 which is the sale price of P125,000 less the new tax basis of Feb
15 shares at P115,000.
FILING AND PAYMENT
The following are the required forms in paying for the capital gains tax and the specified
deadlines for filing and payment. [You may click the form codes to access the link to the pdf file
of said form.]
Deadline
Form Name
Manual Filing eFPS Filing
Capital Gains Tax Return for 30 days following each sale, exchange or
Onerous Transfer of Real disposition of real property (after receipt of
1706
Property Classified as Capital first payment, if instalment)
Asset
Capital Gains Tax Return for 30 days following each sale, exchange or
Onerous Transfer of Shares of disposition of shares not thru PSE (after
1707
Stock Not Traded Through the receipt of first payment, if instalment)
Local Stock Exchange
Annual Capital Gains Tax On or before April 15 for individuals
Return for Onerous Transfer of On or before 15th day of the 4th month
1707A Shares of Stock Not Traded following close of taxable year for
Through the Local Stock corporations
Exchange
Instalment Payment
The same principles and calculation method from the Instalment Method illustrated in Module 4
is to be used except that instead of using the gross profit, we multiply the capital gains tax due.
References:
Banggawan, R. (2019). Income Taxation. Pasay City: Real Excellence Publishing.
Valencia, G. & Roxas, E. (2016). Income Taxation. Baguio City: Valencia Educational Supply.
Reyes, V. (2019). Income Tax Law and Accounting under the TRAIN Law. Manila: GIC Enterprises & Co., Inc.
Ampongan O. (2018). Income Taxation. Mandaluyong City: Millennium Books, Inc.
Self-Check!
Basing on your readings, answer the following questions.
1. What are the rules when classifying assets as ordinary or capital?
2. What is the CGT on onerous transfers of real properties?
3. When can a sale of real property be taxable under regular income taxation?
4. How can a sale of real property be not subject to capital gains tax?
5. What are the two types of CGT on sale of unlisted domestic stocks and who is it
applicable?
6. What is a wash sale?
7. What are the CGT-related forms?