There are certain documents that you need to provide to the respective office in order for the transfer of the land to take effect. There are four offices that require these documents. The Register of Deeds, the BIR, the Office of the Lawyer that you would have your deed of sale be notarized and the City Treasurer’s Office.
First, in order for the Deed of Sale to be secured, present it to the lawyer for notarization. You have to take note that the presence of the buyer and the seller is needed together with two known witnesses. In addition, the seller must be the one who owns the property to be sold or his authorized representative with a Special power of attorney to do so.
Documents Applicant should bring for the lawyer
- TIN of both buyer and seller;
- Resident Certificate;
- Owner’s Copy of the Transfer Certificate of Title;
- Owner’s Copy of the Tax declarations.
Documents Applicant should bring for the Register of Deeds
- Transfer documents with the transfer fee paid to the LGU where the property is located;
- Tax Clearance Certificate from the LGU Treasurer;
- Certified true copy of the tax declarations of the property;
- BIR Certification Authorizing Registration;
- BIR Form for the Transfer
- Owner’s Duplicate Certificate of Title
- In some cases the Department of Agrarian Reform will ask for additional requirements on properties that are subdivided, consolidation of properties and inherited properties as the case may be.
Documents Applicant should bring for the BIR
Payment of capital gains tax and documentary stamp tax will still be paid before submitting the requirements for the transfer to the new owner. After this, requirements shall be submitted to get the Certificate of Authorizing Registration. The tax identification numbers of the seller and the buyer is still needed for the transaction. If the one who is processing the papers is not the owner or the buyer, a Special Power of Attorney is still needed that states that he/she is allowed to process the documents on the buyer/seller’s behalf.
- Copy of the Deed of Sale;
- Copy of the tax declaration of the property;
- Copy of the Owner’s Certificate of Title;
- Certificate of No Improvement if there is no building of the property for transfer;
- Confirmation Receipt signed by the buyer for the purchase of the property.
Depending on each case, other requirements may be needed if partition takes place or one of the original owners died already. There are documents needed such as judicial partitions, estate tax returns in extrajudicial partition, CPA certificate if the gross estate is 50,000 or more death certificate, and Certificate of Landholdings, etc.
Documents Applicant should bring for the City Treasurer’s Office
The purpose of going to the treasurer’s office is for clearance purposes. For the payment of transfer fee, you have to bring:
- Tax declaration of the property;
- Copy of Owner’s Certificate of Title;
- Deed of Conveyance
- All real tax payments.
From the documents mentioned above, it is really tedious to process land transfer. It is helpful to prepare those papers or documents ahead of time to save time in coming back and forth to these offices for processing these documents.