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If the real estate is a capital asset, the purchase is subject to capital gains tax (CGT) of 6% of the gross selling price or current fair market value, whichever is higher, and documentary stamp tax (DST) of 1.5% of the actual consideration for the sale.
The Capital Gains Tax Return (BIR Form No. 1707) shall be filed in triplicate by every natural or juridical person, resident or non-resident, for sale, barter, exchange or other onerous disposition of shares of stock in a domestic corporation, classified as capital assets, not traded through the local stock exchange.
capital gains from the sale of real property located in the Philippines classified as capital assets by individuals are subject to a capital gains tax of 6 percent based on gross selling price or the current fair market value, whichever is higher at the time of sale.
To calculate the capital gains tax, you check the value of the property identified by the Commissioner or Provincial or City Assessors or its current fair market value, whichever is higher, and multiply that by 6%.
The capital gains exemption (CGE) is available to individuals only, not corporations, and forms a deduction (worth 50% of the exemption, since 50% of capital gains are taxed) from net income. Benefits that use net income, such as the age credit and OAS clawback, will be calculated before the deduction is reflected.

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Head of household For example, in 2021, individual filers won't pay any capital gains tax if their total taxable income is $40,400 or below. However, they'll pay 15 percent on capital gains if their income is $40,401 to $445,850. Above that income level, the rate jumps to 20 percent.
Who Pays Capital Gains Tax in PH, the Buyer or Seller? Since capital gains tax is applied to the sale of capital assets, paying it is obviously the responsibility of the seller.
Capital Gains Tax Taxpayer typeTax rateEffectivity dateIndividual15%January 1, 2018 to presentDomestic CorporationForeign Corporation15%April 11, 2021 to present
Capital assets exempted from capital gains tax are securities sold by regular securities dealers, government-owned real properties, unwarranted real properties, agricultural land covered by the Comprehensive Agrarian Reform Law, and individuals engaged in real property exchange for shares of stocks.
Download and the latest eBIRForms Offline Package. the software and look for the eBIRForms icon on your computer (take note that you can only use. Enter important background details such as your TIN, RDO Code, etc. Then, select the type of BIR form you want to file and click Fill Up.

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