Checklist of Documentary Requirements for Capital Gains Tax Return

(For Onerous Transfer of Real Property Classified as Capital Asset - both Taxable and Exempt)


Checklist of Documentary Requirements

Important: Processing of transactions commence only upon submission of COMPLETE DOCUMENTS.


Mandatory

  1. TIN of Seller(s) / Buyer(s)

  2. Notarized Deed of Absolute Sale / Deed of Transfer but only photocopied documents shall be retained by BIR.

  3. Certified true copy/ies of the Tax Declaration at the time or nearest to the date of the transaction issued by the Local Assessor's Office for land and improvement.

  4. Certified True Copy/ies of Original/Transfer/Condominium Certificate/s of Title (OCT/TCT/CCT).

  5. Duly notarized Special Power of Attorney (SPA) from the transacting party/ies if the person signing is not one of the parties to the Deed of Transfer.

  6. Sworn Declaration of No Improvement by at least one (1) of the transferees or Certificate of No Improvement issued by the Assessor's Office, if applicable.

  7. Official Receipt/Deposit Slip and duly validated return as proofs of payment of taxes.

  8. Secretary's Certificate or Board Resolution, approving the sale/transfer of the real property and indicating the name and position of the authorized signatory to the Deed of Sale/Assignment, if the seller/transferor is a corporation.

Other additional requirements, if applicable:

  1. Special Power of Attorney (SPA), if the person transacting/processing the transfer is not a party to the transaction.

  2. Certification from the Philippine Consulate if documents is executed abroad

  3. Location Plan/Vicinity Map if zonal value cannot be readily determined from the documents submitted.

  4. Certificate of Exemption/BIR Ruling issued by the Commissioner of Internal Revenue or his authorized representative, if tax exempt.

  5. Such other documents as may be required by law/ruling/regulations/etc.

For Antedated Sales

  1. Certified True Copy of Deed of Sale / Assignment / Exchange issued by the Clerk of Court of City/Municipality or Regional Trial Court (RTC) or the Office of the Executive Judge of the City/Municipality where the Notary Public is registered or certification of notarization from the National Archives Office.