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Guidelines and Instructions for BIR Form No.

1800 [January 2018 (ENCS)]


Donor’s Tax Return
Who Shall File
3. Interest at the rate of double the legal interest rate for loans or
This return shall be filed in triplicate by any person, natural or juridical, forbearance of any money in the absence of an express stipulation as
resident or non-resident, who transfers or causes to transfer property by gift, set by the Bangko Sentral ng Pilipinas from the date prescribed for
whether in trust or otherwise, whether the gift is direct or indirect and whether the remittance until the amount is fully remitted: Provided, that in no case
property is real or personal, tangible or intangible. shall the deficiency and the delinquency interest prescribed under
Section 249 Subsections (B) and (C) of the National Internal Revenue
When and Where to File and Pay
Code, as amended, be imposed simultaneously.
This return shall be filed within thirty (30) days after the date the gift 4. Compromise penalty as provided under applicable rules and
(donation) is made. regulations.

This return shall be filed with any Authorized Agent Bank (AAB) of the For purposes of securing the electronic Certificate Authorizing
Revenue District Office (RDO) having jurisdiction over the place of domicile of the Registration, the following requirements shall be submitted by the taxpayer to the
donor at the time of donation, or if there is no legal residence in the Philippines, the concerned RDO:
return shall be filed with the RDO No. 39, South Quezon City. In case of gifts made
by a non-resident alien, the return may be filed with RDO No. 39, or with the
Mandatory Requirements [Additional two (2) photocopies of each document]
Philippine Embassy or Consulate in the country where he is domiciled at the time of
donation.
1. Duly Notarized Original Deed of Donation
2. Taxpayer Identification Number (TIN) of Donor and Donee/s
A separate return shall be filed by each donor for each gift (donation) made on
3. Proof of claimed tax credit, if applicable
different dates during the year reflecting therein any previous net gifts made in the
4. Duly Notarized Original Special Power of Attorney (SPA) for the
same calendar year. Only one return shall be filed for several gifts (donations) by a
transacting party if the person signing is not one of the parties to the Deed
donor to the different donees on the same date.
of Donation
5. Validated return and Original Official Receipt/Deposit Slip as proof of
If the gift (donation) involves conjugal/community property, each spouse shall
payment; for no payment return, copy of Acknowledgement Receipt of
file separate return corresponding to his/her respective share in the
return filed thru eBIRForms
conjugal/community property donated. This rule shall likewise apply in the case of
co-ownership over the property being donated.
For Real Properties: [Additional two (2) photocopies of each document]
When the return is filed with an AAB, taxpayer must accomplish and submit
6. Certified True Copy/ies of the Original/Transfer/Condominium
BIR-prescribed deposit slip, which the bank teller shall machine validate as
Certificate/s of Title of the donated property, if applicable
evidence that payment was received by the AAB. The AAB receiving the tax return
7. Certified True Copy/ies of the Tax Declaration at the time or nearest to the date
shall stamp mark the word “Received” on the return and also machine validate the of the transaction issued by the Local Assessor’s Office for land and
return as proof of filing the return and payment of the tax by the taxpayer, improvement, if applicable
respectively. The machine validation shall reflect the date of payment, amount paid 8. Certificate of No Improvement issued by the Assessor’s Office, if
and transactions code, the name of the bank, branch code, teller’s code and teller’s applicable
initial. Bank debit memo number and date should be indicated in the return for
taxpayers paying under the bank debit system. For Personal Properties: [Additional two (2) photocopies of each document]
Payments may also be made thru the ePayment channels of AABs thru either 9. Proof of valuation of shares of stock at the time of donation, if applicable;
their online facility, credit/debit/prepaid cards, and mobile payments. a. For shares of stocks not listed/not traded - Audited Financial
Statement of the issuing corporation nearest to the date of donation
Tax Rates and Basis of Tax with computation of the book value per share
b. For shares of stocks listed/traded – Value at the time of donation or
There shall be an imposed tax rate of six percent (6%) on the basis of the total the closing rate nearest to the date of donation
gifts in excess of Two Hundred Fifty Thousand Pesos (Php250,000) exempt gift c. For club shares – Transaction value on the date of donation as
made during the calendar year. published in the newspaper
10. Stock certificate
If there is only one (1) gift given during the calendar year, the tax due shall be 11. Proof of valuation of other types of personal properties, if applicable;
based on the value of the gift donated less allowable deductions. However, if there 12. Proof of claimed deductions, if applicable;
are several gifts made, the tax due shall be computed based on the total net gifts 13. Certificate of deposit/investment/indebtedness/stocks for donated cash or
made during the calendar year. securities;
Valuation of Gifts Made in Property 14. Certificate of registration of motor vehicle, if any.

If the gift is made in property, the fair market value (FMV) thereof at the time Other Additional Requirements, if applicable: [Additional two (2) photocopies of
of the donation shall be considered the amount of the gift. In case of real property, each document
the zonal value as determined by the Commissioner or the FMV as shown in the
schedule of values fixed by the Provincial/City Assessors, whichever is higher, shall  Duly Notarized Original SPA, if the person transacting/processing the
be considered the amount of the gift. transfer is not a party to the transaction
 Certification from the Philippine Consulate if document is executed
Penalties abroad
 Location Plan/Vicinity map, if zonal value cannot be readily
There shall be imposed and collected as part of the tax: determined from the documents submitted
1. A surcharge of twenty-five percent (25%) for the following violations:  Certificate of Exemption/BIR Ruling issued by the Commissioner of
a. Failure to file any return and pay the amount of tax due on or before Internal Revenue or his authorized representative, if tax exempt
the due date;  Such other documents as may be required by law / rulings /
b. Filing a return with a person or office other than those with whom it is regulations / etc.
required to be filed, unless otherwise authorized by the
Commissioner;
c. Failure to pay the full or part of the amount of tax shown on the Note: All background information must be properly filled out.
return, or the full amount of tax due for which no return is required to
be filed on or before the due date;  The last 5 digits of the 14-digit TIN refers to the branch code
d. Failure to pay the deficiency tax within the time prescribed for its  All returns filed by an accredited tax agent on behalf of a taxpayer
remittance in the notice of assessment. shall bear the following information:
A. For Individual (CPAs, members of GPPs, and others)
2. A surcharge of fifty percent (50%) of the tax or of the deficiency tax, in a.1 TIN; and
case any payment has been made on the basis of such return before the a.2 BIR Accreditation Number, Date of Issue, and Date of Expiry.
discovery of the falsity or fraud, for each of the following violations: B. For members of the Philippine Bar (Lawyers)
a. Willful neglect to file the return within the period prescribed by the b.1 TIN;
Code or by rules and regulations; or b.2 Attorney’s Roll Number;
b.3 Mandatory Continuing Legal Education Compliance Number;
b. A false or fraudulent return is willfully made. and
b.4 BIR Accreditation Number, Date of Issue, and Date of Expiry.

ENCS