Capital Gains Tax (CGT) in the Philippines

Capital Gains Tax (CGT) in the Philippines is typically imposed on the gains presumed to have been realized by a seller from the sale, exchange, or other disposition of capital assets, such as real estate properties. The current rate for CGT on the sale of real property is 6% of the gross selling price or the fair market value, whichever is higher.

Here is a sample computation of the Capital Gains Tax for the sale of a real property:

Given:

• Selling Price: PHP 5,000,000
• Fair Market Value (FMV) as per Bureau of Internal Revenue (BIR) valuation: PHP 4,500,000
• Zonal Value (another measure of FMV often considered): PHP 4,800,000

Steps for Calculation:

1. Determine the base for CGT: The CGT base is the higher of the Selling Price, FMV, or Zonal Value.

   In this example:

   • Selling Price = PHP 5,000,000
   • FMV = PHP 4,500,000
   • Zonal Value = PHP 4,800,000

   The highest value is the Selling Price at PHP 5,000,000.

2. Compute the Capital Gains Tax: CGT is 6% of the highest value determined in step 1.

   $$\text{Capital Gains Tax}=5,000,000\times 0.06$$
3. Perform the calculation:
   $$\text{Capital Gains Tax}=𝑃𝐻𝑃300,000$$

Conclusion:

The Capital Gains Tax due on the sale of the property is PHP 300,000.

Notes:

• Always ensure to check the current rates and guidelines from the BIR as these can change.
• Other forms of conditional sale like pacto de retro sale follow the same principles in CGT computation.
• Documentation required by the BIR typically includes the deed of sale, tax declaration, and proof of FMV (either through appraisal or zonal values).

This sample computation provides a straightforward method to determine the CGT liability for real property sales in the Philippines.