Beruflich Dokumente
Kultur Dokumente
In general, there are two kinds of tax-free exchange: (1) transfer to a controlled
corporation; and, (2) merger or consolidation.
Legal Reference.
The request for a BIR Certification/Ruling on the tax consequences of the exchange of
properties shall be filed with the Legal and Legislative Division, Rm. 709, 7th Floor, BIR
National Office, and the payment of a certification fee at the rate P5,000.00 for each
application not involving more than 10 real properties and/or certificates of stock shall be
made. An additional fee of P100.00 shall be paid for every transfer certificate of
title/condominium certificate of title/certificate of stock in excess of ten (10).
Any application to be filed with the Legal and Legislative Division for a BIR
Certification/Ruling shall be made in BIR Form No. 1927 under the cover of a transmittal
letter providing a brief overview of the transaction that contains all the material facts of
the exchange transaction, including an analysis of their bearing on the issues and a
specification of the applicable provisions thereof, and two (2) copies each of the
documents required to be attached thereto. The first set of documents must be duly
certified as true copy by the appropriate government agency having custody of the
original thereof.
Declarations in the application and joint certificate form, BIR Form No. 1927, the
documents to be submitted and the Forms to be submitted, and the facts represented in
support of the requested ruling, including the covering letter, shall be sworn under oath,
under penalties of perjury, by the taxpayer himself; or, in the case of a juridical person,
by the Chief Financial Officer or his equivalent who has personal knowledge of the facts
to be true, correct and complete. Actual submission of the application/request and follow-
up thereof may be done by an authorized representative, clothed with a special power of
attorney, and subject to the provisions of Revenue Regulations No. 15-99 dated July 16,
1999 on accreditation of tax agents.
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Also, the application for the issuance of a BIR Certification/Ruling must comply with the
guidelines set forth under Revenue Memorandum Order (RMO) No. 9-2014.
Tax Forms.