The Legal Side of Real Estate

[play_boi]

tanung lang po sana ako tunkol sa HOA ng isang subdivision.

 

matagal na kasi usap usapan ang pagiging member ng association ng mga foreigners sa village namin. nung mga nakaraan kasing taon tahimik lang sila until itong isang korean ay masyado madaming tanung sa mga patakaran ng board members. ok lang naman ang mag tanung pero medyo arogante.. sa pagiging matanung nya pati yung mga ibang foreigners na damay na! gumawa kasi itong si korean ng mga storya na parang na didiscriminate sila so na brainwash na yung ibe. yung iba naman hindi naman na damay pero sooner or later baka yun nga ang isipin nila! ngyun taon gusto nila maging member ng HOA. tatakbo yata ang mga foreigners as board members. sila po ay asawa ng mga pinay pero ang pag ka aalam namin ay hindi sila member dahil asawa nga sila ng pinay pero sa batas natin hindi sila pwede mag own ng house.

 

tanung ko po ok lang po ba tumakbo sila as board considering na hindi naman sila accepted as members of the community?

 

thanks

[Dr_PepPeR]

tanung lang po sana ako tunkol sa HOA ng isang subdivision.

 

matagal na kasi usap usapan ang pagiging member ng association ng mga foreigners sa village namin. nung mga nakaraan kasing taon tahimik lang sila until itong isang korean ay masyado madaming tanung sa mga patakaran ng board members. ok lang naman ang mag tanung pero medyo arogante.. sa pagiging matanung nya pati yung mga ibang foreigners na damay na! gumawa kasi itong si korean ng mga storya na parang na didiscriminate sila so na brainwash na yung ibe. yung iba naman hindi naman na damay pero sooner or later baka yun nga ang isipin nila! ngyun taon gusto nila maging member ng HOA. tatakbo yata ang mga foreigners as board members. sila po ay asawa ng mga pinay pero ang pag ka aalam namin ay hindi sila member dahil asawa nga sila ng pinay pero sa batas natin hindi sila pwede mag own ng house.

 

tanung ko po ok lang po ba tumakbo sila as board considering na hindi naman sila accepted as members of the community?

 

thanks

 

Ownership of land and membership in a homeowners association are two entirely different things. If they are qualified to be members and board of directors under the articles and/or by-laws of the association, then they can be candidates for board members.

[play_boi]

Ownership of land and membership in a homeowners association are two entirely different things. If they are qualified to be members and board of directors under the articles and/or by-laws of the association, then they can be candidates for board members.

 

thanks for giving time replying on my question. re qualification of membership the by laws did not mention anything about a foreign national who can be a member of the association. the only members that are inluded are as follows lessee, homeowners and lot owners. i think that those members are very broad and not specific. how can we identify if the foreigner is a legit member? their wives are the one who owns the lot, their wives are the one are written on the tax dec and finally as a foreign national they have a waiver that as a foreign national they are waiving their interest or their rights on the conjugal property. hope you can enlighten me about this matter

 

thanks

[TheSmilingBandit]

thanks for giving time replying on my question. re qualification of membership the by laws did not mention anything about a foreign national who can be a member of the association. the only members that are inluded are as follows lessee, homeowners and lot owners. i think that those members are very broad and not specific. how can we identify if the foreigner is a legit member? their wives are the one who owns the lot, their wives are the one are written on the tax dec and finally as a foreign national they have a waiver that as a foreign national they are waiving their interest or their rights on the conjugal property. hope you can enlighten me about this matter

 

thanks

 

Based on your post, it includes lessees, homeowners, and lot owners. Are the foreigners lessees? (Obviously they can't be homeowners or lot owners.) If so, they can be members, however, as homeowners and lot owners, their wives are the only ones allowed to be members. I hope this helps.

[play_boi]

Based on your post, it includes lessees, homeowners, and lot owners. Are the foreigners lessees? (Obviously they can't be homeowners or lot owners.) If so, they can be members, however, as homeowners and lot owners, their wives are the only ones allowed to be members. I hope this helps.

 

 

yes sabi nila mag le lease sila sa bahay mismo nila! hehehe kaloko nga pinipilit talaga. dahil sa "racial dicrimination" daw kaya sila nag ka ganoon. pero afaik wala naman ganung nangyari.

 

pwede ka bang mag lease sa bahay na tinitirahan mo? or bahay ng asawa mo ng walang bayad?

[TheSmilingBandit]

yes sabi nila mag le lease sila sa bahay mismo nila! hehehe kaloko nga pinipilit talaga. dahil sa "racial dicrimination" daw kaya sila nag ka ganoon. pero afaik wala naman ganung nangyari.

 

pwede ka bang mag lease sa bahay na tinitirahan mo? or bahay ng asawa mo ng walang bayad?

Yes, they can arrange a contract of lease between spouses and pay any amount for it (including 1 peso rental), so if they do that, then he is officially a resident of the village and can run for board position (which still has to be voted for by the village normally).

[timog]

Tanong ko lang kung kailangan ko pa ba ng mayor's Permit or PTR lang?

Architect kasi ako. Bubukas sana ako ng sarili kong design firm. Dati ako

nagtratrabaho sa ibang design firm.

 

May nagsabi sa akin na PTR lang ang kailangan ko sa City Hall at hindi Mayor's Permit.

Pagdalawa daw ang inaplayan ko ay magiging redundunt ang fees ko dahil

2x ako magbabayad based on yearly income ko - MP & PTR.

 

Tama ba yon?

Thanks

[TheSmilingBandit]

Tanong ko lang kung kailangan ko pa ba ng mayor's Permit or PTR lang?

Architect kasi ako. Bubukas sana ako ng sarili kong design firm. Dati ako

nagtratrabaho sa ibang design firm.

 

May nagsabi sa akin na PTR lang ang kailangan ko sa City Hall at hindi Mayor's Permit.

Pagdalawa daw ang inaplayan ko ay magiging redundunt ang fees ko dahil

2x ako magbabayad based on yearly income ko - MP & PTR.

 

Tama ba yon?

Thanks

To be an architect, you need the PTR, to operate your business in whichever city/municipality, you supposedly need a business permit. Hope that helps.

[timog]

To be an architect, you need the PTR, to operate your business in whichever city/municipality, you supposedly need a business permit. Hope that helps.

 

 

thanks for the reply.

i was referring to this from the local government code

 

Every person legally authorized to practice his profession shall pay the professional tax to the province where he practices his profession or where he maintains his principal office in case he practices his profession in several places: Provided, however, That such person who has paid the corresponding professional tax shall be entitled to practice his profession in any part of the Philippines without being subjected to any other national or local tax, license, or fee for the practice of such profession.

 

my understanding is that if i am covered by the PTR then no other taxes from any other lgu? tama ba yon?

Edited December 18, 2009 by TheSmilingBandit
Removed multiple quotes and posts

[TheSmilingBandit]

thanks for the reply.

i was referring to this from the local government code

 

Every person legally authorized to practice his profession shall pay the professional tax to the province where he practices his profession or where he maintains his principal office in case he practices his profession in several places: Provided, however, That such person who has paid the corresponding professional tax shall be entitled to practice his profession in any part of the Philippines without being subjected to any other national or local tax, license, or fee for the practice of such profession.

 

my understanding is that if i am covered by the PTR then no other taxes from any other lgu? tama ba yon?

You can set up a private practice without being further taxed, however, if you open a business that provides the same services, the LGUs will often charge you a business tax. The difference is that in private practice you operate out of home or home/office and a business is that you operate out of an office. Of course, you can fight it out in court, and you can also try to operate without a business permit from the municipality.

[mellowcat]

somebody told me that if the contract of sales states that capital gains tax is for account of buyer, the numerical base which the BIR will use to compute the 6% will be the amount of the contract plus the nominal amount of the capital gains tax. Ex. sales contract amount = P10M so bir will use 10,000,000 plus 600,000 or 10,600,000 as base for computing the tax therefore capital gains tax is P636,000. is this correct?

[rocco69]

No. It's six percent (6%) based on the gross selling price or current fair market value

 

somebody told me that if the contract of sales states that capital gains tax is for account of buyer, the numerical base which the BIR will use to compute the 6% will be the amount of the contract plus the nominal amount of the capital gains tax. Ex. sales contract amount = P10M so bir will use 10,000,000 plus 600,000 or 10,600,000 as base for computing the tax therefore capital gains tax is P636,000. is this correct?

[mellowcat]

No. It's six percent (6%) based on the gross selling price or current fair market value

that's why i said if the sales contract states net of capital gains tax

[mellowcat]

may somebody please also post the step by step procedure to be followed after a sale is consumated and the seller now proceeds to the next step of paying the capital gais tax, etc to the bir. From filling up of forms to where to pay, etc. thanks in advance. including where the responsibility of the seller ends and the point where the responsibility passes to the buyer i.e. application for transfer, payment of doc stamps, etc?

Edited December 29, 2009 by mellowcat

[Dr_PepPeR]

may somebody please also post the step by step procedure to be followed after a sale is consumated and the seller now proceeds to the next step of paying the capital gais tax, etc to the bir. From filling up of forms to where to pay, etc. thanks in advance. including where the responsibility of the seller ends and the point where the responsibility passes to the buyer i.e. application for transfer, payment of doc stamps, etc?

 

Procedure:

1 Preparation of the deed of sale and notarization by notary public

2 Obtain a certified true copy of latest tax declaration from the Municipal or City Assessor’s Office

3 Payment of Documentary Stamp Tax and Capital Gains Tax at an authorized bank (check with the District BIR for the amount of CGT)

4 Obtain tax clearance (or Certificate Authorizing Registration) from the District Bureau of Internal Revenue

5 Obtain a tax clearance certificate of Real Estate Taxes from the Municipal or City Treasurer’s Office

6 Payment of transfer tax at the Municipal or City Treasurer’s Office

7 Apply for registration with the appropriate Register of Deeds

8 Apply with the Municipal or City Assessor’s Office for the issuance of a new tax declaration in the name of buyer.