05/03/2026
DON’T CONFUSE CAPITAL GAINS TAX, DONOR’S TAX, AND ESTATE TAX
These three taxes are often confused when people transfer property. But they apply to different situations. Let’s break them down in simple terms.
1. CAPITAL GAINS TAX (CGT)
This tax applies when real property located in the Philippines is sold or transferred for a price.
Example:
You sell your house, land, or condominium to another person.
The law treats the transaction as a sale, so the government imposes Capital Gains Tax equivalent to 6% of the selling price or fair market value, whichever is higher.
Common transactions where CGT applies:
• Deed of Absolute Sale of land or house
• Sale of condominium unit
• Sale of inherited property
• Sale of property between relatives
Important notes:
• The tax is usually paid by the seller, but parties may agree otherwise.
• It must be paid before the title can be transferred to the buyer.
• Documentary Stamp Tax also applies in addition to CGT.
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2. DONOR’S TAX
This tax applies when property is given as a gift without payment.
Example:
Parents transferring land to their child for free.
Since there is no sale, the law considers it a donation, and donor’s tax applies.
Current donor’s tax rate:
6% of the value of the property donated.
Common transactions where donor’s tax applies:
• Deed of Donation of land
• Donation of money
• Donation of shares of stock
• Donation of vehicles or other property
Important notes:
• The donor (the one giving the property) is the one liable for the tax.
• Donations between relatives are not automatically tax-free.
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3. ESTATE TAX
This tax applies when a person dies and leaves properties to heirs.
Before the heirs can transfer the property titles to their names, the estate must first pay estate tax.
Current estate tax rate:
6% of the net estate value.
Common situations where estate tax applies:
• Transfer of land from deceased parents to children
• Settlement of inherited properties
• Extrajudicial settlement of estate
• Judicial settlement of estate
Important notes:
• The estate must settle the taxes before properties can be transferred to the heirs.
• Estate taxes are processed with the BIR before the Registry of Deeds will issue new titles.
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SIMPLE WAY TO REMEMBER
Sale = Capital Gains Tax
Gift = Donor’s Tax
Death = Estate Tax
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If you are planning to sell, donate, or transfer inherited property, it is best to consult a lawyer or tax professional first to avoid costly mistakes and penalties.
For accounting and tax assistance on property transfers, documentation, and settlements, feel free to send a message.