To ensure that the beneficiary can enjoy the benefits of your gift or donation, it is important to understand the proper procedure and the documents required to ensure a smooth and efficient transfer of ownership or title.

STEP 1: Preparing the Documentary Requirements

Before initiating the transfer, gather the following documents:

• Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT)
• Notarized Deed of Donation with acceptance from the donee
• Tax Declaration (latest)
• Certificate of No Improvement, if applicable
• Valid IDs of both donor and donee
• Special Power of Attorney or Secretary’s Certificate/Board Resolution or City/Municipal Council Resolution and ID of authorized representative, if applicable
• Tax Identification Numbers (TIN) of both donor and donee

Note that notarization can only be done by a commissioned notary public. To ensure a smooth transaction, we also offer comprehensive notarization services alongside our assistance in the transfer of the property.

STEP 2: Payment of Taxes and Fees before the Bureau of Internal Revenue (BIR)

• Donor’s Tax (CGT): Generally six percent (6%) of the fair market value (per Tax Declaration) or zonal value (as determined by BIR), whichever is higher, exceeding Two Hundred Fifty Thousand Pesos (PhP250,000) per calendar year. This must be paid within thirty (30) days from the notarization of the Deed of Donation.
• Documentary Stamp Tax (DST): one and a half percent (1.5%) of the fair market value (per Tax Declaration) or zonal value (as determined by BIR), whichever is higher. This must be paid within five (5) days after the close of the month when the Deed of Donation was notarized.
• Certification Fee for the release of the Electronic Certificate Authorizing Registration (eCAR) upon confirmation by the BIR of the completeness of the documentary requirements

STEP 3: Payment of Taxes and Fees before the Municipal/City Treasurer 

Depending on the municipal/city government, they may require payment of the BIR taxes or presentation of the eCAR before you can pay the local transfer taxes.

This tax varies by locality but typically ranges from 0.5% to 0.75% of the fair market value, whichever is higher. Local transfer taxes must be settled before filing with the Registry of Deeds within sixty (60) days from the notarization of the Deed of Donation.

STEP 4: Filing with the Registry of Deeds (ROD)

All documentary requirements are to be presented along with proof of BIR and local transfer tax payments to the Registry of Deeds. This is for the cancellation of the certificate of title subject of the transfer and the issuance of a new certificate of title in favor of the donee. The registration and other fees depend on the fair market value or zonal value of the property.

STEP 5: Issuance of New Title and Transfer of Tax Declaration

Once all documents are verified and fees are paid. The ROD will process the new title under the donee's name. The new Transfer Certificate of Title will be issued, completing the transfer process.

The process of donating land in Cebu may seem complex due to the procedure and documentary requirements; however, understanding each stage can ensure a smooth transaction. Since it is important for you that your gift or donation is properly transferred to your chosen beneficiary, it is crucial for the donor and donee alike to be well-informed about land transfer procedures to streamline your transaction.

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on donating a property in the Philippines, consult with a legal professional or business advisor.

Padin & Partners Law Offices is a full-service law firm that specializes in the transfer of real properties in Cebu City, Cebu, Philippines. For consultations: book an appointment or reach us at  +63 (32) 316-1540 or +63 917 188 0361.

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