Sadsad Tamesis Legal and Accountancy Firm

July 2023

Intestate Succession: How to Handle Inheritance without a Will

Have you written out your will yet? Writing a will isn’t in many people’s minds. Wills aren’t common in the Philippines, and even then, many believe they’re too young to think about it. Unfortunately, death is often unpredictable and can strike the most unlikely of people. A written will can help grieving loved ones figure out how to handle the deceased’s assets and property without worrying about whether they’re going with or against his or her wishes. If a loved one dies without a will, you’ll have to handle their property in accordance with intestate succession. This is in accordance with Article 960 of the Civil Code. Here is a brief guide to intestate succession, so that you know what to expect and how to handle the assets and property of a deceased loved one. 1. What is a will? A will, or a last will and testament, is a legal document dictating how the writer of the will would want his or her assets to be distributed after his or her death. Many choose to divide their assets up to give to any heirs or descendants. They can also give their assets to other family members, non-family members, an organization, or a charity. They can even dictate when these assets should be given to the heirs. A last will and testament will only take effect after the writer’s death. The will must also name an executor, who will handle the distribution of assets.  2. What is intestate succession? The handling of assets is simple enough if the deceased had a will prepared. But what happens when a person dies without having written a will at all? The distribution of assets without a written will is called intestate succession. The law and the state will handle the assets, and will divide and distribute it to a list of certain compulsory heirs. 3. Who are the compulsory heirs in intestate succession? The list of compulsory heirs goes in accordance with priority. Those listed towards the top should have  the closest relationship to the deceased and are as follows: Conclusion Dying without having written a will means that your loved ones wouldn’t know what your intentions were with your assets. As a result, intestate succession may distribute your assets in ways you might not agree with otherwise. It’s a good idea to think of your will as soon as now, especially if your assets are plentiful.  If you plan on writing your will, it’s a good idea to hire an estate lawyer. An estate lawyer can either help you with the process or even write the will on your behalf. He or she can also ensure that your wishes are fully carried out. If you’re looking for an estate lawyer to help you with your will, consider booking a consultation with Sadsad Tamesis Legal and Accountancy Firm’s team of lawyers.

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Your Helpful Guide to Property Transfer Taxes and Fees

Do you want to buy real property? If you do, learning about real property taxes and fees is critical. Failing to pay can result in different consequences for you, depending on which one you miss. There are also a few types of taxes and fees that the seller will handle.  Keeping track of what payments both parties need to settle will help make the transferring process easier. Prepare yourself with this quick overview of the different taxes and fees you and your seller will encounter, so that you’ll always stay on top of your payments. Buyer’s Taxes and Fees Registration Fee The simplest fee to consider when transferring a property is the registration fee, which you as the buying party will shoulder. Completing this payment is required in order to make the transfer of ownership official.  To calculate the registration fee, take the selling price, zone value, or fair market value of the property, whichever one is the largest. The final cost for registration is 0.25% of that number.  Transfer Tax A municipality imposes the transfer tax on any method of transferring real property ownership.  You will pay this tax to the local government. The transfer tax is not to be confused with estate taxes, which are paid to the BIR.  To calculate transfer taxes, you will still have to take the largest number among the property’s selling price, zone value, or fair market value. The transfer tax that you will have to pay is 0.75% of that number in Metro Manila, and 0.5% in other provinces. Documentary Stamp Tax Finally, you’ll have to pay the Documentary Stamp Tax upon finalizing the transfer. Documentary Stamp Tax, or DST, refers to the tax that is on any document or paper proving a sale or transfer. This tax applies to, among other things, the sale or transfer of stocks and properties.  Calculating the DST for the transfer of real property works similarly to the transfer tax and registration fee. Take the highest number between the selling price, zone value, or fair market value of the property. You will have to pay 1.5% of that number for your DST. However, note that the DST is applied to a wide range of documents, and there are different ways to compute each one. The best way to see how to compute the DST for your document is by checking BIR’s Tax Rate Table. Seller’s Taxes and Fees Capital Gains Tax The government imposes the capital gains tax, also known as CGT, on the profit that the investor received from selling or exchanging their capital assets. Capital assets refer to both stocks of a domestic corporation and real property, but we will focus on real property for now.  To get the CGT of a real property, take whichever is the larger number between the zonal value or selling price on the deed of sale. The seller will have to pay 6% of that number for your CGT. Realty Tax Realty tax refers to the tax imposed on all buildings, land, improvements on the land or building, and machinery. Section 197 to 283 of the Local Government Code states that all local governments can impose a realty tax. These governments will then use the collected tax to provide their public services to the community. If your seller has any unpaid realty taxes, he or she will have to settle them before completing the transfer of title.  There are a few more steps towards calculating the realty tax. First, check the real realty tax rate of the property’s area. If it’s within Metro Manila, the rate is 2%. Likewise, if it’s within the provinces outside of Metro Manila, the rate is 1%.  Next, calculate the property’s assessed value. You can get this by multiplying your property’s market value by its assessment level. Here are the assessment levels, based on Section 218 of the Local Government Code: For example, if you have a house worth P2,000,000, you’d multiply that by the residential assessment level, which is 20%. Your property’s assessed value would then be P400,000. Multiply your property’s assessed value by the area’s tax rate to get your yearly realty tax. Say this house is located in Metro Manila. Multiply P400,000 with 2% to get P8,000.  The final step is to add an additional 1% of your property’s assessed value for the Special Education Fund, which aims to fund the local schools in the area. In this case, 1% of P2,000,000 would be 20,000. Adding this all up would finally bring your realty tax to 28,000 per year. You will have to shoulder this tax instead once the transfer is fully complete and the property is officially yours. Therefore, it’s a good idea to keep this in mind for the future. Conclusion Settling all of these taxes and fees on time can speed up the process of the transfer of title. Ensure that both you and your seller handle your respective payments on time. Are you looking for a real estate lawyer to help you with your transfer of title? You can rely on Sadsad Tamesis Legal and Accountancy Firm’s team of lawyers to help you throughout the transferring process.

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Do You Have a Lost TCT? What to Know About: Getting a New Certificate of Title

Have you recently purchased real property, such as a plot of land or a house and lot? The first thing to do upon receiving ownership of real property is to put your Transfer Certificate of Title (TCT) somewhere safe. Your title is how you’ll be able to prove that you own the land or property in question. Without this document, you won’t be able to sell, borrow against, or give your property to anyone. You’ll also need your TCT if you plan on passing down your property to any heirs. However, sometimes incidents happen. It can get misplaced, or caught in an unfortunate fire or flooding. If you find yourself having lost or damaged your TCT, don’t worry. There’s still a way to prove yourself as the true owner, even without the original copy. According to Section 109 of Presidential Decree No. 1529, you can get a new copy through a Reissuance of Title. If you need a new copy of your TCT but are unfamiliar with the court process, here’s a quick overview of what to expect. Hire a Lawyer and File an Affidavit of Loss First and foremost, it’s essential that you look for and hire an experienced lawyer. A good lawyer will be able to speed up the process of the reissuance by gathering and organizing your evidence, guiding you with the requirements you have to obtain, handling other court requirements, and keeping you updated throughout the process.  Afterwards, it’s time to file an Affidavit of Loss. This affidavit is a sworn statement that will notify the Registry of Deeds that your previous TCT has been lost or destroyed. This, in turn, will kick start the rest of the reissuance process. This Affidavit of Loss will include information such as the name and details of the owner; a description of the property; a description of how the property was lost; and why you are filing an Affidavit of Loss. File a Petition Requesting for Reissuance After filing your Affidavit of Loss, your lawyer will draft a petition requesting for the reissuance of the TCT. This petition will be filed with the Regional Trial Court. Attached to that petition are pieces of documentary evidence to support the claims of ownership which are stated there. These will include the Affidavit of Loss, Official Receipts, Tax Declaration, Tax Clearances, and any other documents that your lawyer will require from you.. Testify in Court To get a new copy of your TCT, you will need to prove to the court that you have truly lost the original copy and that you are the rightful owner of the property covered by the TCT. While requirements and documents you had gathered in the previous step serves this purpose, the law requires that you also testify in court so that you can confirm the statements and claims in the petition and to identify the documents attached before the judge.. If you have a co-owner, he or she may be allowed to testify on your behalf.  Wait for Court Decision and File at the Registry of Deeds Once you have gone through all these processes and you have submitted your evidence, the only thing left to do is wait for the court’s final decision. Normally, this would end in your favor, especially if you had done your due part in ensuring your testimony is watertight, and documents are all genuine. However, there is a chance that someone will oppose the reissuance, which will further complicate and prolong the case. He or she may try to claim that you don’t have ownership of that property. He or she may also try to claim you never lost your original TCT in the first place.  So long as you and your lawyer have a strong case, it’s likely that the court will grant your petition for reissuance. Afterwards, you’ll have to register the Court Decision with the Registry of Deeds. This will finally lead to the reissuance of your new Certificate of Title.  Conclusion Take note that the court process of reissuing a Certificate of Title can take up to at least a year. This is why it’s essential for you to have a trustworthy, efficient, and experienced lawyer by your side. If you need a lawyer for your Reissuance of Title case, you can Sadsad Tamesis Legal and Accountancy Firm (STLAF) and book a consultation today.

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Books of Accounts: Simplified and Explained

Having a book of accounts isn’t just for the sake of organization. If you’re handling a business establishment, you must manage a book of accounts. In fact, it’s one of the first things you have to register when applying for a Certificate of Registration with BIR. This doesn’t just include large corporations; even freelancers and smaller businesses need to keep a book of accounts. Your book of accounts should record all business transactions throughout your business, along with proof of transactions, such as receipts. These recordings are to ensure that your business is properly paying its due taxes to BIR, so ensuring your book of accounts is accurate and updated is essential. Be wary of letting your book of accounts go unupdated, as it could lead to harsh penalties. Here are the basics of your books of accounts so that you can start recording your business transaction Formats of Books of Accounts  BIR currently accepts three formats of book of accounts, and you are free to choose whichever format works best for you and your business. However, do note that if you are a large taxpayer (meaning you have total annual gross sales/receipts of at least P1,000,000,000), you are required to use a computerized book of accounts. Manual Books of Accounts Chances are you’ve seen books of accounts for sale in an office supply store or bookstore. These are preprinted with all the required components of a book of accounts, and each entry has to be handwritten. You can register a manual book of accounts once you’ve gotten your Certificate of Registration from BIR. Once you have filled up your first book of accounts, you’ll be able to register another volume. Computerized Books of Accounts Finally, computerized books of accounts are programs where you can log your transactions, with functions and features that can help with efficiency. Many programs are available to purchase, but you can also hire IT experts to create one just for your business. However, do note that BIR is stricter with approving these programs. They have to put it under rigorous testing to ensure that it complies their rules and regulations. Again, large taxpayers must use computerized books of accounts. Loose-leaf Books of Accounts Finally, loose-leaf books of accounts combine both manual and computerized formats. You would create entries through a computer, usually using a template. Then, you can print these entries out, bind them, and it to BIR as your book of accounts. Note that you must submit your template to BIR first for approval before you can use it for your entries. During registration, you must also justify why a loose-leaf book of accounts is the best format for your business. Basic Types of Books of Accounts General Journal The General Journal is where you would initially put your accounting transaction. Many also call it the ‘original entry book’ for this reason. When creating an entry in the General Journal, you’d have to write down the date, description, reference code, and the debit or credit amount.  General Ledger On the other hand, the General Ledger is also what taxpayers call the “book of final entry.” Here, you’ll be writing down summaries of your transactions that you previously recorded in your General Journal, as well as the other journals in our book of accounts. You’ll essentially follow the same format, too: account name, date, reference code, and the amount in either debit or credit.  Cash Receipt Journal To keep your cash receipts in order, you’ll first have to input them in your Cash Receipt Journal, then transfer them to the General Ledger later on. To successfully record a cash receipt, you’ll need to write down the date, the official receipt number, description, amount, and other account titles (if any). Cash Disbursement Journal Likewise, you’ll need to keep track of your cash disbursements in order to summarize them in the General Ledger later. To do so, you’d write down the date, description, amount, and other amount titles. If you’re a non-VAT registered taxpayer, these four basic types are all you’ll need for your book of accounts. However, if your business is VAT-registered, there are two more journals you’ll need to update. Sales Journal You’ll need to record every sales transaction that your business completes in your Sales Journal. The format you’ll have to follow includes: Note that you won’t need to write the customer’s name and address if a Customer Master File is available. A Customer Master File, or CMF, is a company’s record of all of their customers’ information. Purchase Journal You’ll also need to record all of your business expenses in your Purchase Journal. The format is similar to the Sales Journal and is as follows: Just like with your Sales Journal, you won’t need to include the supplier’s name or address if you have a Vendor Master File, which functions in the same way as the Customer Master File. You’ll soon be able to register your own Book of Accounts now that you know how it works. Be sure to check BIR’s requirements and instructions before proceeding with registration.  Are you in need of guidance regarding your book of accounts? Schedule a consultation with STLAF’s team of accountants today so that you can start recording your business transactions with ease.

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