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How to Update tax declaration

Discussion in 'Expat Section' started by cabb, Mar 14, 2023.

  1. cabb

    cabb DI Forum Patron Highly Rated Poster ✤Forum Sponsor✤

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    Another day, another challenge. I have a subdivided piece of land that was purchased about 18 years ago as a right of way. I forget who did the work, but they didn't complete the tax declaration part. I'm told we have been paying taxes under the previous owners name. I've googled what needs to be done to update the tax declaration and what came up was:

    Common Requirements- but may vary per Municipality:
    1. CERTIFIED TRUE COPY OF TRANSFER CERTIFICATE OF TITLE (TCT) to be obtained from Registry of Deeds
    2. CERTIFIED TRUE COPY OF CANCELLED TITLE to be obtained from Registry of Deeds. Required in some Municipalities.
    3. DEED OF ABSOLUTE SALE (DOAS) stamped as received by the BIR (Photocopy)
    4. UPDATED REAL PROPERTY TAX RECEIPT (Photocopy) and TAX CLEARANCE issued by Local Treasurer’s Office.
    5. (LOCAL) TRANSFER TAX RECEIPT (Photocopy) or CERTIFICATION OF TRANSFER TAX.
    6. BIR-CERTIFICATE AUTHORIZING REGISTRATION (CAR) (Photocopy) or CERTIFIED TRUE COPY of CAR as may be required by some LGUs.
    7. UPDATED VALID ID OF THE REGISTERED OWNER stated in TCT (Photocopy)
    8. TAX DECLARATION – LAND in the name of previous owner (Photocopy)
    9. TAX DECLARATION – BUILDING/IMPVT in the name of previous owner, if applicable (Photocopy) or CERTIFICATE OF NO IMPROVEMENT issued by ASSESSOR’s OFFICE
    10. RECENT and COLORED PHOTO OF THE PROPERTY (EXTERIOR – with street view and INTERIOR)
    11. SUBDIVISION PLAN (For subdivided lots only)
    12. SPECIAL POWER OF ATTORNEY, If the person who will process the transfer of the land title is the authorized representative of the registered owner appearing in TCT.
    I have a title and subdivision plan, but not much else that I can easily find. I'm curious if anyone has actually been through the process and what was required. As doing all this remotely is next to impossible, any recommendation of a lawyer/agent that is aware of how to do this and could take care of this as I'm still living out of the country would be greatly appreciated.
     
  2. you_have_been_removed

    you_have_been_removed DI Forum Adept

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    Having had to deal with all those shytes myself recently and all for land that is ours completely 100% if the tax is a nominal fee you could pay it for 100 years and still not be clear from all the sh*t housery you are in for, between running around looking for black cats in dark rooms that are not there, to perching up outside the BIR waiting at 2 pm and that won't be just one trip you are in for a world of grief, your best bet if you know the land assessor or tax accountant in the local LGU (that's where your best and cheapest/painless chances are (a good share of what you need will be in Cebu Land Registry and that could take up to 5 years) and thats if the previous owners are still alive, if not and they have a large family spread all over the country or if they are fighting that will cost you (they dont look after documents of that nature, and to get copies of those will itself be very costly and sporadic)...............and you want to do this and not be in the country......better sit down and do the pros and cons which im sure you have........you could end up buying the property all over again and will take years to fathom
     
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  3. Dutchie

    Dutchie DI Senior Member Showcase Reviewer Veteran Army

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    If you have the title for the land in your or your partner's name, then even if the previous owner would somehow be aware that the tax declaration is still in their name, I would not worry to much about a theoretical ownership claim by the previous owners.
    The Supreme Court in the Philippines decided that a Tax declaration alone is not sufficient proof of ownership without adequate supporting documentation.
     
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