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This overview outlines the tax obligations for buyers/mortgagees in the event of non-redemption of properties sold in involuntary sales, as per Revenue Regulations No. 9-2012. It details the processes for remitting Capital Gains Tax (CGT), Creditable Withholding Tax (CWT), and Documentary Stamp Tax (DST), along with deadlines based on the expiration of the redemption period. It highlights the responsibility of the mortgagor/seller for Value-Added Tax (VAT) and specifies how taxes are assessed based on consideration or fair market value.
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TAX IMPLICATION OF NON-REDEMPTION OF PROPERTIES SOLD DURING INVOLUNTARY SALES (Revenue Regulations No. 9-2012)
1. The mortgagee/buyer shall withhold the CGT or the CWT and remit to the BIR. In the case of CGT, the buyer shall file the CGT return and pay the tax within 30 days from the expiration of the application redemption period. For CWT, the buyer shall remit the same within 10 days following the end of the month the redemption period expired. For taxes withheld on December, it shall be remitted on January 15 of the following year.
2. For DST, this shall be remitted to the BIR within 5 days after the close of the month the redemption period expired.
3. If the property is subjected to VAT to the mortgagor/seller when sold, the VAT must be paid by the mortgagor/seller within 20th or 25th day of the following month, whichever is applicable, after the month the period of redemption lapsed.
4. Taxes due shall be based on the consideration (bid price of the highest bidder) or fair market value or zonal value, whichever is highest as determined in accordance with Section (6)E of the Tax Code.