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Requirements for Deed of Donation in the Philippines Capacity of the Donor and Donee. Both parties must be legally capable to enter into contracts. Written Form. Acceptance by the Donee. Notarization and Witnesses. Required Documents. Donation Taxes. Transfer of Ownership. Conclusion.
Donations are subject to donor's tax, as specified under the National Internal Revenue Code (NIRC). As of the latest amendments under the Tax Reform for Acceleration and Inclusion (TRAIN) Law, the donor's tax rate is 6% of the value exceeding PHP 250,000, regardless of the relationship between the donor and the donee.
Donor's Tax: One of the main costs in a Deed of Donation is the donor's tax. Under the current Philippine Tax Code, donations between parents and children are taxed at a flat rate of 6% of the fair market value (FMV) or zonal value of the property, whichever is higher.
Requirements for Deed of Donation in the Philippines Capacity of the Donor and Donee. Both parties must be legally capable to enter into contracts. Written Form. Acceptance by the Donee. Notarization and Witnesses. Required Documents. Donation Taxes. Transfer of Ownership. Conclusion.
Donations and acceptance of real property must be made in a public instrument (should be notarized). The notarized deed of donation qualifies as a public instrument. The donee can accept the donation in the same deed or a separate notarized document, but it must be done while the donor is alive.
Requirements for Deed of Donation in the Philippines Capacity of the Donor and Donee. Both parties must be legally capable to enter into contracts. Written Form. Acceptance by the Donee. Notarization and Witnesses. Required Documents. Donation Taxes. Transfer of Ownership. Conclusion.