Taxes When Selling Property in the Philippines (2026): CGT, DST and Transfer Tax

The taxes on selling a house, lot or condo in the Philippines: 6% capital gains tax, ₱15 per ₱1,000 documentary stamp tax, up to 0.75% local transfer tax, who the law makes liable, the deadlines, and a worked example on a ₱5,000,000 sale.

Takeaway

An individual selling real property held as a capital asset pays a 6% capital gains tax on the highest of the selling price, the BIR zonal value or the assessor's fair market value, due within 30 days of the sale. The deed also carries documentary stamp tax of ₱15 per ₱1,000 (1.5%), due within 5 days after the close of the month, and a local transfer tax of up to 0.5% in provinces or 0.75% in cities, due within 60 days. On a ₱5,000,000 sale with a ₱5,400,000 zonal value, that is ₱442,500 in a city. Run your figures in the <a href="/calculators/capital-gains-tax">capital gains tax calculator</a>.

This guide is for individual owners selling a house, lot or condo they hold as a capital asset: a home, an inherited lot or an investment unit that is not part of a business. On a ₱5,000,000 sale where the BIR zonal value is ₱5,400,000, the three transfer taxes come to ₱442,500 in a city: ₱324,000 capital gains tax, ₱81,000 documentary stamp tax and ₱37,500 local transfer tax, before the Registry of Deeds fee.

It is not for real estate developers or dealers. Property held for sale in the ordinary course of business, or used in a business, is an ordinary asset under NIRC Sec. 39(A)(1), and its sale is taxed as regular income with creditable withholding, not under the 6% capital gains tax. If the property came to you through a death, settle the estate tax first; see the property inheritors tax guide.

The three taxes on a property sale

TaxRateBaseLiable under the lawDeadlineLegal basis
Capital gains tax (CGT), BIR Form 17066% final taxHighest of selling price, BIR zonal value, assessor's fair market valueSeller (buyer withholds it from the price)Within 30 days following the saleNIRC Secs. 24(D)(1), 6(E), 51(C)(2)
Documentary stamp tax (DST), BIR Form 2000-OT₱15 per ₱1,000 or fraction (1.5%)Higher of the price or fair market valueThe persons making, signing or transferring the deedWithin 5 days after the close of the month the deed was signedNIRC Secs. 196, 173; RR 6-2001 via RMC 67-2024
Local transfer taxUp to 0.5% (province); up to 0.75% (city or Metro Manila municipality)Total consideration, or fair market value if the consideration is not substantial, whichever is higherSellerWithin 60 days from execution of the deedLocal Government Code Secs. 135, 144, 151

These rates apply to sales in 2026. The 6% CGT is in the NIRC of 1997, in force since January 1, 1998. The ₱15 per ₱1,000 DST rate comes from TRAIN, in force since January 1, 2018. The transfer tax ceilings come from the Local Government Code of 1991.

Capital gains tax: 6% of the highest value

NIRC Sec. 24(D)(1) imposes "a final tax of six percent (6%) based on the gross selling price or current fair market value as determined in accordance with Section 6(E) of this Code, whichever is higher". Sec. 6(E) sets fair market value as the higher of the Commissioner's value (the BIR zonal value) and the provincial or city assessor's schedule of values. The CMEPA (RA 12214) moved this rule to Sec. 24(B)(4) without changing the rate.

The tax is on a presumed gain. Your actual profit does not matter, so a sale at a loss still pays 6% of the highest value.

Under the BIR Form 1706 guidelines, the return is "filed jointly" by buyer and seller, and "the Buyer/Transferee shall withhold from the seller and shall deduct from the agreed selling price" the 6% tax. It is "filed and paid within thirty (30) days following the sale" with an authorized agent bank of the Revenue District Office where the property is located. The 30-day period is in NIRC Sec. 51(C)(2), restated by CMEPA.

Documentary stamp tax on the deed of sale

NIRC Sec. 196, as amended by TRAIN, charges ₱15 for the first ₱1,000 and ₱15 "for each additional One thousand pesos (₱1,000), or fractional part thereof", based on the consideration or the Sec. 6(E) fair market value, whichever is higher. Round the base up to the next ₱1,000 before multiplying. Compute it with the documentary stamp tax calculator.

Sec. 173 makes the tax payable by "the person making, signing, issuing, accepting, or transferring" the document, so either party can be liable. The DST return for a property sale is BIR Form 2000-OT. The Ease of Paying Taxes Act wrote a 10-day period into Sec. 200(B), but RMC 67-2024 confirms that RR 6-2001 still applies: the return is filed "within FIVE (5) DAYS after the close of the month when the taxable document was made, signed, accepted, or transferred". A deed signed on 12 March is due by 5 April.

Local transfer tax

Local Government Code Sec. 135 lets a province tax the transfer of real property "at the rate of not more than fifty percent (50%) of the one percent (1%) of the total consideration", or of the fair market value when the consideration is not substantial, whichever is higher. Cities may exceed provincial rates by up to 50% (Sec. 151), and so may Metro Manila municipalities (Sec. 144). That gives ceilings of 0.5% and 0.75%. Your LGU's revenue code sets the actual rate within the ceiling.

Sec. 135 says "It shall be the duty of the seller, donor, transferor, executor or administrator to pay the tax herein imposed within sixty (60) days from the date of the execution of the deed". The Register of Deeds must see proof of payment before registering the deed. Under LGC Sec. 209(b), it also needs a certificate that all real property tax on the property is paid, so settle any unpaid amilyar first (estimate it with the real property tax calculator).

Worked example: a ₱5,000,000 city sale

Inputs: selling price ₱5,000,000; BIR zonal value ₱5,400,000; assessor's fair market value ₱3,900,000; property in a city with a 0.75% transfer tax.

  • Tax base for CGT and DST: highest of ₱5,000,000, ₱5,400,000 and ₱3,900,000 = ₱5,400,000.
  • CGT: ₱5,400,000 × 6% = ₱324,000.
  • DST: ₱5,400,000 ÷ ₱1,000 = 5,400 units × ₱15 = ₱81,000.
  • Transfer tax: ₱5,000,000 consideration × 0.75% = ₱37,500. In a province at 0.5% it would be ₱25,000.
  • Total: ₱324,000 + ₱81,000 + ₱37,500 = ₱442,500, or 8.85% of the price, plus the Registry of Deeds registration fee.

The deed can say who shoulders each amount. Whoever pays, the BIR computes on the ₱5,400,000 zonal value, not the ₱5,000,000 price. Check the CGT figure in the capital gains tax calculator; the capital gains tax explainer covers shares and other assets.

Selling your home: the principal residence exemption

NIRC Sec. 24(D)(2) exempts the sale of a principal residence by a natural person when the proceeds are "fully utilized in acquiring or constructing a new principal residence within eighteen (18) calendar months from the date of sale". The conditions in the same section:

  • Notify the BIR "within thirty (30) days from the date of sale" through the prescribed return.
  • The exemption "can only be availed of once every ten (10) years".
  • The cost basis of the old home carries over to the new one.

Under the Form 1706 guidelines, you still file the CGT return and the tax "shall be deposited in escrow" under RR 13-99. If you reinvest only part of the proceeds, the law taxes a proportion: the higher of price or fair market value, times the unused amount over the selling price. In the example above, reinvesting ₱4,000,000 of the ₱5,000,000 leaves ₱1,000,000 unused: ₱5,400,000 × (₱1,000,000 ÷ ₱5,000,000) = ₱1,080,000 taxable, so CGT is ₱64,800.

What you need before you file

The BIR lists these mandatory documents for the electronic Certificate Authorizing Registration (eCAR) in the Form 1706 guidelines:

  • TINs of the seller and the buyer
  • The notarized Deed of Absolute Sale
  • Certified true copies of the tax declaration for land and improvement, at or nearest the date of sale
  • A certified true copy of the title (OCT, TCT or CCT)
  • A special power of attorney if someone signs for a party
  • A Certificate or Sworn Declaration of No Improvement, if the lot is bare
  • Proof of payment and the validated returns

The eCAR matters because NIRC Sec. 58(E) bars the Register of Deeds from registering any transfer of real property until the BIR "has certified that such transfer has been reported, and the capital gains or creditable withholding tax, if any, has been paid".

Late payment costs

A late CGT return draws a 25% surcharge under NIRC Sec. 248 (50% for willful neglect or a fraudulent return), interest at double the legal rate, which is 12% a year under Sec. 249 as amended by TRAIN, and a compromise penalty. On the ₱324,000 CGT above, the surcharge alone is ₱81,000. These penalties are listed in the Form 1706 guidelines.

The most common cause is computing tax on the contract price when the zonal value is higher. The BIR recomputes on the higher value and charges the difference with penalties. Look up the zonal value for your property's location before signing the deed.

Step by step

Sign and notarize the deed. Pay the CGT within 30 days and file Form 2000-OT for the DST by the 5th of the following month, both at an authorized agent bank under the RDO where the property sits. Submit the documents above to get the eCAR. Pay the transfer tax at the provincial or city treasurer within 60 days. Then present the eCAR, the transfer tax receipt and the real property tax clearance to the Register of Deeds to issue the new title. Buyers can read the other side in taxes when buying property, and sellers in business should see the real estate sellers tax guide.

Sources

Common questions

Who pays the capital gains tax when selling property in the Philippines?

The seller. The 6% tax is imposed on the gain presumed realized by the seller under NIRC Sec. 24(D)(1). The BIR Form 1706 guidelines say the return is filed jointly by buyer and seller, and the buyer withholds the 6% from the agreed price. The deed can set who bears the cost.

How much is capital gains tax on the sale of real property?

6% of the highest of the gross selling price, the BIR zonal value and the assessor's fair market value. On a ₱5,000,000 sale with a ₱5,400,000 zonal value, CGT is ₱5,400,000 × 6% = ₱324,000. It is a final tax.

When is the capital gains tax due?

Within 30 days following the sale, under NIRC Sec. 51(C)(2) as restated by RA 12214. File BIR Form 1706 and pay at an authorized agent bank of the RDO where the property is located. A late return draws a 25% surcharge plus 12% a year interest.

When is the documentary stamp tax on a deed of sale due?

Within 5 days after the close of the month the deed was signed. RA 11976 wrote a 10-day period into NIRC Sec. 200(B) but allowed regulations to set otherwise, and RMC 67-2024 confirms that the 5-day rule of RR 6-2001 still applies. The return is BIR Form 2000-OT.

How much is the local transfer tax?

Up to 0.5% of the consideration (or fair market value if the consideration is not substantial) in provinces, and up to 0.75% in cities and Metro Manila municipalities, under LGC Secs. 135, 144 and 151. Your LGU's revenue code sets the exact rate. The seller must pay it within 60 days from execution of the deed.

Are taxes computed on the selling price or the zonal value?

CGT and DST use the higher of the selling price and the fair market value under NIRC Sec. 6(E), which is itself the higher of the BIR zonal value and the assessor's value. The transfer tax under LGC Sec. 135 uses the consideration, or the fair market value when the consideration is not substantial.

Can I avoid capital gains tax when selling my home?

Yes, if the home is your principal residence and you use all the proceeds to buy or build a new principal residence within 18 calendar months. You must notify the BIR within 30 days of the sale, the exemption is available once every 10 years, and the CGT is deposited in escrow until you comply. Unused proceeds are taxed proportionally.

What is the eCAR and why do I need it?

The electronic Certificate Authorizing Registration is the BIR's certification that the transfer was reported and the tax paid. NIRC Sec. 58(E) bars the Register of Deeds from registering the transfer without it.

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