To revoke a deed of donation, the donor must follow a judicial process. The donor must file a case before the appropriate court, and the court will determine whether the grounds for revocation have been met. If the donation is revoked, the donee must return the property to the donor.
Comparative Assessment: Donation vs. Donation: Incurs a 6% donor's tax on the fair market value (exceeding allowable deductions). Sale: Incurs 6% capital gains tax plus 1.5% documentary stamp tax, and possibly local transfer tax, etc.
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.
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.
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.
In summary, while a deed of donation does not have an automatic expiration, it can be subject to revocation or invalidity under specific circumstances, primarily due to failure to meet conditions, ingratiude of the donee, or legal limitations.