27/05/2026
๐ท๏ธ ๐ช๐ต๐ผ ๐ฆ๐ต๐ผ๐๐น๐ฑ ๐ฃ๐ฎ๐ ๐๐ต๐ฒ ๐๐๐ง โ ๐๐๐๐ฒ๐ฟ? ๐ผ๐ฟ ๐ฆ๐ฒ๐น๐น๐ฒ๐ฟ?
The short answer: the seller. By law.
The real answer: it's complicated. And if you don't understand why, you might end up paying a tax that isn't yours โ or worse, waiting years for a title that may never come.
Here's why.
๐ ๐ช๐ต๐ฎ๐ ๐๐ต๐ฒ ๐๐ฎ๐ ๐ฆ๐ฎ๐๐
Capital Gains Tax (CGT) on the sale of real property in the Philippines is a final tax of 6%, computed on the gross selling price or the fair market value/zonal value โ whichever is higher.
Under the National Internal Revenue Code, CGT is imposed on the ๐ด๐ฆ๐ญ๐ญ๐ฆ๐ณ โ because the seller is the one presumed to have realized the gain from the sale. That's the legal rule. The BIR considers the seller as the taxpayer.
Clear enough, right? In theory, yes. In practice? That's where things get messy.
๐ค ๐ช๐ต๐ฎ๐ ๐๐ฐ๐๐๐ฎ๐น๐น๐ ๐๐ฎ๐ฝ๐ฝ๐ฒ๐ป๐
Here's the thing a lot of buyers learn the hard way:
After the seller gets paid, they don't have much motivation to rush to the BIR and file the CGT. Their money is already in their pocket. Whether or not the title gets transferred to the buyer's name โ that's not really their problem anymore.
But if you're the buyer, it's ๐บ๐ฐ๐ถ๐ณ problem. A massive one.
Because without the CGT being paid, the BIR will not issue the electronic Certificate Authorizing Registration (eCAR). And without the eCAR, the Registry of Deeds will not โ ๐ค๐ข๐ฏ๐ฏ๐ฐ๐ต โ transfer the title to your name.
You paid millions for a property. You might even be living in it already. But on paper, it still belongs to someone else. And it will stay that way until the CGT is settled.
This is how buyers end up stuck for months โ sometimes years.
๐ก๏ธ ๐ง๐ต๐ฒ ๐ฆ๐บ๐ฎ๐ฟ๐ ๐ช๐ฎ๐ ๐๐ผ ๐๐ฎ๐ป๐ฑ๐น๐ฒ ๐๐
When two private individuals transact, the smartest thing you can do as a buyer is this:
1๏ธโฃ ๐ฆ๐๐ถ๐ฝ๐๐น๐ฎ๐๐ฒ ๐ถ๐ ๐ถ๐ป ๐๐ต๐ฒ ๐๐ฒ๐ฒ๐ฑ ๐ผ๐ณ ๐ฆ๐ฎ๐น๐ฒ. Spell out clearly who pays the CGT. Under Article 1306 of the Civil Code, parties are free to agree on terms as long as they're not against the law โ and allocating the CGT burden is perfectly legal. A sample clause might read: "Capital gains tax shall be for the account of the Seller."
2๏ธโฃ ๐ช๐ถ๐๐ต๐ต๐ผ๐น๐ฑ ๐๐ต๐ฒ ๐๐๐ง ๐ฎ๐บ๐ผ๐๐ป๐ ๐ณ๐ฟ๐ผ๐บ ๐๐ต๐ฒ ๐ฝ๐ฎ๐๐บ๐ฒ๐ป๐. If both parties agree that the seller pays the CGT, don't just hand over the full price and hope the seller files it. Deduct the 6% from the purchase price and remit it to the BIR yourself. This way, you control the timeline. You make sure it's filed within 30 days of notarization (which is the BIR deadline), and you avoid the surcharges and interest penalties that come with late filing.
3๏ธโฃ ๐ก๐ฒ๐๐ฒ๐ฟ ๐ฟ๐ฒ๐น๐ ๐ผ๐ป ๐๐ฟ๐๐๐ ๐ฎ๐น๐ผ๐ป๐ฒ. Even with family or friends, get it in writing. It's not about distrust โ it's about protecting yourself from a system that won't move without proper documentation and payment.
โ ๏ธ ๐ช๐ต๐ฎ๐ ๐๐ณ ๐๐ต๐ฒ ๐๐๐๐ฒ๐ฟ ๐ฃ๐ฎ๐๐ ๐๐ต๐ฒ ๐๐๐ง?
This is quite a common practice also. A lot of transactions are structured so that the buyer shoulders the CGT, the DST (Documentary Stamp Tax at 1.5%), the transfer tax, and the registration fees โ essentially all costs related to the transfer.
That's fine, as long as it's agreed upon in writing. Just know that even if the buyer pays the CGT, the BIR still considers the seller as the taxpayer on record. The contractual arrangement between you and the seller is a private agreement โ it doesn't change who the BIR considers liable.
๐ก ๐ง๐ต๐ฒ ๐๐ผ๐๐๐ผ๐บ ๐๐ถ๐ป๐ฒ
By law, the CGT is the seller's obligation. But in reality, the buyer has the most to lose if it doesn't get paid. The seller already has the money. The buyer is the one waiting for a title.
So whether you're buying or selling โ put it in writing, agree on who pays what, and if you're the buyer, seriously consider withholding the CGT amount and remitting it yourself. It's not about being difficult. It's about making sure the transaction actually closes cleanly.
A good Deed of Sale doesn't just transfer property. It protects both sides from the mess that happens when things are left to assumptions.
๐๐ช๐ด๐ค๐ญ๐ข๐ช๐ฎ๐ฆ๐ณ: ๐๐ฉ๐ช๐ด ๐ฑ๐ฐ๐ด๐ต ๐ช๐ด ๐ง๐ฐ๐ณ ๐จ๐ฆ๐ฏ๐ฆ๐ณ๐ข๐ญ ๐ช๐ฏ๐ง๐ฐ๐ณ๐ฎ๐ข๐ต๐ช๐ฐ๐ฏ ๐ฐ๐ฏ๐ญ๐บ ๐ข๐ฏ๐ฅ ๐ฏ๐ฐ๐ต ๐ญ๐ฆ๐จ๐ข๐ญ ๐ฐ๐ณ ๐ต๐ข๐น ๐ข๐ฅ๐ท๐ช๐ค๐ฆ. ๐๐ฐ๐ฏ๐ด๐ถ๐ญ๐ต ๐ข ๐ญ๐ช๐ค๐ฆ๐ฏ๐ด๐ฆ๐ฅ ๐ณ๐ฆ๐ข๐ญ ๐ฆ๐ด๐ต๐ข๐ต๐ฆ ๐ฃ๐ณ๐ฐ๐ฌ๐ฆ๐ณ, ๐ต๐ข๐น ๐ฑ๐ณ๐ฐ๐ง๐ฆ๐ด๐ด๐ช๐ฐ๐ฏ๐ข๐ญ, ๐ฐ๐ณ ๐ข๐ต๐ต๐ฐ๐ณ๐ฏ๐ฆ๐บ ๐ง๐ฐ๐ณ ๐ข๐ฅ๐ท๐ช๐ค๐ฆ ๐ด๐ฑ๐ฆ๐ค๐ช๐ง๐ช๐ค ๐ต๐ฐ ๐บ๐ฐ๐ถ๐ณ ๐ต๐ณ๐ข๐ฏ๐ด๐ข๐ค๐ต๐ช๐ฐ๐ฏ.