Beruflich Dokumente
Kultur Dokumente
Secs.
I 000-00
24(DX1),
188
&
Tax
196
Code
of 1997,
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'j
as
amended
This refers to your letter dated June 6, 201I, requesting on behalf of your
client, Mrs. AngelaPerez Ellis (Mrs. Ellis), for a confirmation of your opinion that the
conveyance of the title of the property to the trustor from the trustee is not subject to
the capital gains tax imposed under Section 24 (D) (1) of the Tax Code of 1997,as
amended.
It is represented
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property she bought in trust for her sister, Mrs. Ellis; that said document was
authenticated before Notary Public Mariano Balgua of Manila on October 10, 7987
and registered in his Notarial Book as Document No. 165, Page No. 52, Book No. III,
Series of 1987 but not annotated in the title; and that pursuant to the commitment of
Adela M. Perez, she executed a Deed of Conveyance dated April 15, 201 1 so that the
title thereto can be transferred to its real owner, Mrs. Angela Perez Ellis.
Attached to Records is an Affidavit from Mariano Balgua acknowledging that
he notarized a document denominated as "Declaration of Trust and Acknowledgment"
executed by Adela Munoz Perez on October 20, 1987, registered in his Notarial Book
as Document No. 165, Page No. 52, Book No. III, Series of 1987and cerlified true
copy of page 52 of the loose leaf which contain the entries of the document.
In reply, please be informed that since the transfer of the subject property by
Adela M. Perez as the Trustee in favor of Mrs. Angela Perez Ellis, as the true and
beneficial owner is.without monetary consideration and is merely a confirmation of
title in favor of the beneficial owner thereof, the same is not subject to the capital
gains tax imposed under Section 24 (D) ( 1 ) of the Tax Code of 1997 , as amended.
Fufthermore, the said conveyance of the real property is not likewise subject
to the documentary stamp tax imposed under Section 196 of the Tax Code of 1997.
However, the notarial acknowledgment to the said deed is subject to the documentary
stamp tax of P15.00 pursuant to Section 188 of the said Code.
will
This
This ruling is being issued on the basis of the foregoing facts as represented.
However, if upon investigation it will be disclosed that the facts are different, then
this ruling shall be considered null and void.
Very truly yours,
KIM S. JA
O-HENARES
Commissionbr f Internal Revenue
K- 1-JRC
'0215 e
ril