The Local Transfer Tax in Philippine Real Estate Conveyancing: Statutory Authority, Rate Structures, and Taxpayer Liability In Philippine real estate conveyancing, the transfer of real property ownership triggers fiscal liabilities across two distinct tiers of government: the national government, through internal revenue taxes administered by the Bureau of Internal Revenue (BIR), and local government units …
Category: Philippines
Sep 01
Standard Real Estate Transaction Costs – Documentary Stamp Tax (DST)
Navigating a real property transaction involves far more than agreeing on a purchase price. Both buyers and sellers frequently encounter an intricate web of statutory taxes, municipal fees, and administrative closing charges. Among the most substantial mandatory transaction costs in Philippine property conveyances is the Documentary Stamp Tax (DST). Governed primarily by the National Internal …
Sep 01
Funding Source
The Funding Source Fallacy: Foreign Capital, Land Ownership, and the Absolute Bar to Restitution in Philippine Law In transnational marriages between foreign nationals and Philippine citizens, a pervasive legal misconception often surrounds the acquisition of residential and agricultural real estate. Foreign spouses frequently operate under the assumption that financing the entire purchase—supplying 100% of the …
Sep 01
Marital Annotation o Property Title
Marital Annotation on Property Titles: The Legal Significance of “Married To” Under Philippine Law When examining a Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT) in the Philippines, one of the most frequent inscriptions encountered in the identification of the registered owner is a marital status notation. A title covering real property …
Sep 01
Marriage to a Filipino Citizen
Marriage to a Filipino Citizen: Land Title Registration and Sole Ownership Under the TCT In the Philippines, international marriages between foreign nationals and Filipino citizens are common. When multinational couples decide to acquire residential or commercial real estate, they encounter one of the country’s most strictly enforced legal principles: the absolute constitutional limitation on foreign …
Sep 01
Property Taxes Can Be in the Foreigners Name
Property Taxes in a Foreigner’s Name: Tax Declarations, Building Ownership, and Real Property Tax (Amilyar) Under Philippine Law Under Philippine law, the constitutional barrier preventing foreign nationals from owning private land is well known. However, this restriction often leads to an incorrect generalization: that a foreigner cannot hold any legal interest in Philippine real estate, …
Sep 01
House vs. Land Ownership
House vs. Land Ownership: The Legal Distinction Between Improvements and Freehold Soil in the Philippines A cornerstone of Philippine real estate law—and one of its most persistent points of confusion among expatriates, foreign investors, and multinational families—is the constitutional limitation governing property acquisition. Under the 1987 Philippine Constitution, non-Philippine citizens are barred from owning private …
Sep 01
Transfer Certificate of Title (TCT)
Transfer Certificate of Title (TCT): Protecting Leasehold Rights Through Formal Title Annotation In Philippine real estate conveyancing, long-term leases are one of the most effective and legally recognized vehicles for securing occupancy, commercial operations, and substantial capital investments. This arrangement is critical for foreign nationals and foreign-owned entities that are constitutionally barred from holding freehold …
Sep 01
Investor’s Lease Act (Republic Act No. 7652
The Investor’s Lease Act (Republic Act No. 7652): Legal Framework, Leasehold Durations, and Foreign Investment Protections in Philippine Real Estate Under Article XII, Section 7 of the 1987 Philippine Constitution, non-Philippine citizens and foreign corporate entities are strictly prohibited from owning private freehold land.[^1] While designed to protect the national patrimony, this restriction presents challenges …
Sep 01
Long Term Residential & Civil Leases
Long-Term Residential & Civil Leases: The Legal Framework for Foreign Tenancy Under Philippine Law Under Article XII, Section 7 of the 1987 Constitution of the Republic of the Philippines, foreign nationals and foreign-owned entities are strictly barred from acquiring and holding freehold title to private lands. For expatriates, retirees, and foreign spouses establishing a domestic …