6 Steps To Own Property in the Phillipines
1. Find the property you want to buy.
In the Philippines, land and residency agreements sometimes date back generations. In spite of the heightened regulation and organization, it is still possible for the title not to be recorded with the seller so as to avoid the fees associated with that. There are a lot of factors to consider in this situation, which you should try to avoid. Do not purchase a property from the seller if they do not own the original title.
2. The deed Using local qualified lawyer create a DEED of SALE , and then signed and Notarized it.
Once you’ve found the land you want and agreed on a price with the seller, you’ll need to read the deed carefully and sign it in front of a notary public. As well as stating whether the seller or buyer is responsible for capital gains tax and documentary stamp tax, the deed should also specify who is responsible for these taxes. Usually, notaries charge around one percent of the purchase price as their fee.
Approximately 30 days after signing the deed, the Bureau of Internal Revenue (BIR) requires payment of capital gains tax (6% of the purchase price) and documentary stamp tax (1% of the purchase price).
3.Certificate of Authorizing Registration (CAR) and Tax Clearance (TCL) from the BIR
Decide which mortgages suit you and the Following payment of the capital gains tax, you must file the CAR and TCL with the Bureau of Internal Revenue. These steps require a small fee (roughly 150 Philippine pesos) and are prerequisites for a title transfer.
4. Pay the Transfer Fee on Property and Transfer Tax
Make any agreed deposit payment. Then Sign the Deed of Sale contract, along with the seller in the presence of the notary Transaction usually happen in the bank with both parties, the buyer’s lawyer and the seller’s lawyer.
You must then pay the province’s treasurer the transfer fee and tax once you have both the CAR and TCL certificates. You should do this as soon as possible, as there is a fee for every day from the CAR certificate date to the date the transfer tax is paid.
The CAR and TCL are not the only things you need to bring to the treasurer’s office (varies depending on province):
1.The Latest TAX CLEARANCE from the Municipal Treasurer ( original )
2. The Latest TAX DECLARATION (Photocopy )
3. Any of the following DEED OF CONVEYANCE:
- Deed of sale
- Extrajudicial settlement
- Deed of Donation
- Deed of Exchange
- Waiver of Rights
Note: Please only present the documents listed above.
5. The Register of Deeds
You are almost ready to receive your title after paying your transfer fees and taxes. There are some requirements you must meet as well with the Register of Deeds. An affidavit of publication and an affidavit of nationality of any owner (if not a Philippine citizen) will be required.
Depending on the land type, there may also be other requirements such as DAR (Department of Agrarian Reform) clearance, approved subdivision plans, etc.
6. Celebrate the fact that you are a new land owner in The Philippine
Congrats! Once the title is transferred to you, you will be the proud owner of the Philippines land. So take a few moments to relax, enjoy your own slice of paradise, having traveled a long and tiring journey.
FOREIGNER RULES TO OWN A PROPERTY
- Foreigners are prohibited from owning land in the Philippines, but can legally own a residence. The partnerships that are at least 60% of the building is owned by Filipinos.
- If you want to buy house, consider a long term lease agreements with a Filipino land owner, which is (50 years) period and renewable in 25 year increments after that. A foreigner can lease a lot and at the same time legally own the house and all improvements on the leased land. which is technically it’s yours.
- And there’s lot of cases who are foreigner owner the entire SELLING PRICE and can hold the title (TCT) for the land. There will be no transfer of the Title to the foreigners name.
- But, the foreigner will receive a Special Power of Attorney (SPA)from the owner allowing the foreigner to be able to sell and /or transfer the Title to anyone else at any time at the foreigners discretion.
- The owner and the foreigner will also execute a notarized Memorandum of Agreement (MOA) with all the terms and a long Term Contract of Lease.
- With these documents in hand, the SPA, MOA, Contract of Lease and the Original Title(TCT), the foreigner has all the legal rights to do anything with the property that he or she wants (live on, make improvements and even sell the property, if and when they want).
Legally, as long as you got proper documents no one will take it away from you. The bonus you can rented out or make extra bucks if you are leaving to visits your country then you can rent also to an expat who happen to have a vacation, which is very common in the Philippines.
Buying a property is exciting step, but navigating the system in a new country can be a challenge. The bonus, buying your dream vacation home in the Philippines should be fairly straight forward if you follow these 6 step to own a property, and source the right local help if you need it, but you are lucky for I am dual citizenship and know the rights and for sure I will guide you the right way.
If you are interested in renting / owning a place, you can contact me and leave a message and I can help you to get through even if you don’t buy in Orchid Place & Resort. What do I get, because I want to invite all the people around the world to experience our country. English is our second language and known to our hospitality country.
Come and experience a high quality standard of living for it is indeed affordable, simple life, and also very nice and get to do it with locals. We got lots of retirees from different countries, your home away from home. Explore the 7,200 islands.