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TCT Title Transfer and Annotation Steps

This entails some going back and forth to a number of government offices, so lots of free time or vacation leaves will be needed if you are to do this task yourself.

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18Aug2016 Update: Before investing in real estate, please read this first: Invest in Property PROPERLY.

08Nov2015 Update: Click here for a step-by-step guide.


As promised, here are the steps in a TCT transfer and annotation. To get this far in your search, I assume you are now familiar with which home loan provider to get, what the steps are in a home loan, as well as the basic definitions of TCT, title transfer and annotation. 

 I am writing this to serve as a friendly guide to you as based from my experience and not as legal or real estate broker advice. Once you’ve read these steps, hopefully you are not lost in the dark when you discuss these matters with your broker/agent/developer. Anyway, it is usually the broker or the developer who facilitates the title transfer, but just the same, it does not hurt to be informed. (Note: CTC transfer might have steps that are not covered in this post.)

1. Prepare the Documents

By this time in your buying-a-property or getting-a-home-loan phase, you should already have copies of most if not all of the documents listed below. Be prepared to photocopy these as you go along the process:

From developer/seller

  • Copies and Original Signed and Notarized Deed of Absolute Sale (DOAS) 
  • Photocopy of Developer License to Sell 
  • Photocopy of Developer Certificate of Registration 
  • Photocopy of Expanded Withholding Tax (EWT) payment

From buyer

  • Certified True Copy of TCT (from Registry of Deeds; this is a photographic copy of the TCT as stored in RD, authentic copy but still not the actual title) 
  • Certified True Copy of Tax Declaration (TD) (there are separate TDs for house and lot; if the seller/developer does not have this, you can get this from your Municipal / City Hall where the real estate taxes for the property get paid)
  •  Tax Clearances: this is different from the TD, a tax clearance basically says that Real Property Tax (RPT) payments on the property (detailed in the TD) are up to date. So it goes without saying that real estate taxes (amilyar) must be paid first before the property is transferred, and before the government releases any taxation document on the property.

2. Pay Taxes with BIR

Of course, a property sale occurred that is why we need to transfer the TCT, and of course there will be taxes to pay. Go to the BIR office governing the property you bought, submit the documents outlined above, and pay the following:

  • Documentary Stamp Taxes (DST): depends on the agreement of buyer and seller, sometimes seller shoulders this aside from EWT, sometimes this is split between buyer and seller, sometimes this is fully shouldered by buyer. The set-up is usually documented in the DOAS. This costs 1.5% of property selling price (e.g. Php1M property will have Php15k DST) or it can be higher when the appraised value of the property as deemed by BIR is higher than selling price (which rarely happens). 
  • Expanded Withholding Tax (EWT): this is to be shouldered by the seller / developer as taxes from the sales. Just present the EWT certification you got from the developer. 
  • Other Taxes and Fees: Be prepared to pay some more amount on other taxes and fees such as application fees, stamps fees, certification and documentation fees, etc. Oh by the way, allot some money for photocopying too!

3. Apply for Certificate Authorizing Registration (CAR) with BIR

Once you’ve paid and while you’re still in BIR, submit the documents and all payments to apply for CAR. Basically, the CAR says that BIR is fine with the tax payments, and that buyer/seller may now formally register the sale with the Registry of Deeds. Up until this point, the agreement was just between buyer and seller. Once the CAR is available, even the BIR is amenable with the sale and registration of it in RD. CAR application and release usually lasts for two weeks.


4. Title Transfer at Registry of Deeds

The following documents will be asked by RD prior to transferring the title:

  • CAR from BIR 
  • DOAS
  • Developer Secretary’s Certificate (as proof of who is legally empowered and designated to sign legal documents in behalf of the developer) 
  • DST and EWT payment receipts
  • Tax Clearance and Tax Declarations 
  • Receipts of Real Property Tax (RPT) payments (amilyar)

Once these are submitted, RD reviews them and then they show you the draft of the new TCT (the transferred title that cancels the old one). Once you confirm the details to be encoded therein, you will pay the TCT transfer costs (mine was Php8,700) as well as some fees and stamp charges again. Depending on the RD, title transfers usually last for another two weeks to a month.

 

5. Transfer of Tax Documents

Fast forward, you now have your property named after you, TCT is now named under you. Congratulations! Now, you need to transfer the other documents as well, namely the tax declarations. Go to the Municipal/City Hall governing the property that is now yours (naks!), and submit the following:

  • Copy of CAR from BIR
  • Copy of DOAS 
  • Copy of old TD under developer/seller’s name: this is so they know which old TD to cancel, supersede and override
  • Copy of Tax Clearance and Real Property Taxes (RPT) Receipt: again, tax payments must be updated!

You will be asked to pay the TCT Transfer Tax (again?!? Yes, this time in Municipal / City Hall level) (mine was Php6,400) and wait for 1-3 days before you get the TDs under your name. Moving forward, in the years to come, it should be your name that you see in the RPT.

 

6. Annotation

Usually, the bank handles this portion as they need to enforce their claim on your TCT. You just need to make sure that the TCT is finally under your name, as well as the tax documentations. Otherwise, how will the bank document its claim in a TCT that is not yours, or a property with delinquent tax payments right? Depending on the RD, annotations last for a month or so.


There you go. I hope details provided here were able to give you some guidance on the TCT Transfer and Annotation process. Just note that this entails some going back and forth to a number of government offices, so lots of free time or vacation leaves will be needed if you are to do this task yourself. As mentioned above, developers or agencies usually offer this service, of course for a fee on top of all the things you need to pay for, as detailed above.



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About Geri (356 Articles)
Founder and main author. Husband, used-to-be-breadwinner, God-made multi-millionaire, employee, financial planner and adviser, investor, stocks trader, entrepreneur, agri-preneur, book author. Firm believer that all Pinoys deserve a richer life. Not a guru, but a forever student of the investments world, a work-in-progress.

10 Comments on TCT Title Transfer and Annotation Steps

  1. There are developers who delay the shift from in-house to pag-ibig or bank because they earn a lot from inhouse. This is what happened to me so I had to process my own TCT. Please clarify though, nakapangalan na sa inyo yung TCT? How did that happen? Who transferred the property? And bakit po nabuy-back? Who bought it back? Reposessed po ba iyan dati?

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  2. Matagal po iprocess ang TCT especialy if bagong develop yung lugar nyo baka hindi pa available individual TCT. Yes need ng pagibig yung title for the loan, unless willing sila to release letter of guarantee to the developer na approved na loan nyo, then developer will release letter of undertaking to submit TCT etc within specified time frame. Ang registry of deeds po naghahawak ng lahat ng original copy ng mga titulo.

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  3. I would think so given that it is a legal document. Not very familiar though with how it works. Care to enlighten us further?

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  4. The best office to answer this would be BIR, but from my limited personal experience, yes, every transfer will have CGT especially if the selling price is higher than original buying price, thereby the was a gain. The bank is not related to the CGT, this is a BIR item. But the bank may require new documentations though to transfer the LOAN to you as well. I suggest, if you have a good relationship with your brother anyway, have an internal agreement between the two of you, finish the loan under his name then once the bank is out of the picture (fully paid), transfer the property to you. Consider this, might be easier and less costly. Though consider as well that market value of property by then may be different from value now. BIR also uses this as comparison base in the CGT as some understate the selling price (despite high market value) just to avoid taxes. Goodluck!

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  5. Hello po..my brother has a condo unit and certificate of title has been issued but currently hawak ng bank since nag loan sya for that purpose. Tuloy tuloy ang bayad ng ng loan sa bank and we both agreed na ako na ang magtuloy nung remaining balance until fully paid ..He wanted also to transfer the title to my name..Sa transferring process po,, does he need to pay capital gaining tax kahit di pa sya fully paid sa bank? please advise ..thank you.

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  6. Do people still buy Promissory Notes? Say, if I have one worth 5M and sell it for 4M. Buyer will now be responsible to collect, but is buyer able to foreclose a property (Deed of Real Estate Mortgage) attached to the note?

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  7. Salamat po sa advice malaking tulong po ito, may tanong lang po ako, kumuha po ako ng bahay and I paid 400k dp as equity, after that I was approved by the bank for a bank financing, yun nga lang na buyback yung bahay from that bank, so nagsimula ako ng magbayad ng monthly tru inhouse financing, e masyadong malaki pag inhouse financing so sinubukan ko iapply sa pagibig kaso di ko maapply kasi sabi sakin ng pagibig ung TCT ay nakapangalan na sakin. Sinubukan ko kausapin ung developer ko para maayos un at nang makapagapply na ko sa pagibig kasi di ko talaga kaya magbayad kapag inhouse financing, ilang bwan ang lumipas, pabalikbalik ako sa developer ko at lage nila sinasabi aayusin nila hanggang sa walang nangyari, patuloy nila ako pinagbayad sa monthly plus all penalties na umabot na ng 200k lalo na ko nawalan ng pagasa na makabawid gawa ng mga penalties na alam ko di ko naman kasalanan kung bakit na delay ng ganung katagal. kinuha ko ang TCT sa RD at nakita ko nakapangalan na sakin, ano po ba nag rights ko o dapat gawin, sa ngayon nakatira kame sa bahay na yun. Salamt ng marami!

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  8. Hi sir ko lng po my isinangla kasi sa amin na lupa since 2014-2015 hanggan ngayon d pa sya nakabayad.My planong ibenta ng my ari yong lupa nasa akin yong orig.title ano po pwede namin gawin kasi d namin na paanotate yong title sa rod..tnx po

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  9. Hello po just want to inquire.naisangla po ng lolo ko ung bahay at lupa nila. Then namatay po cia. Nabili po ng mama ko ung house and lot by public bidding.then inadvise po ng sheriff na ipa annotate after ng mga processes with the judge etc. Dahil po matanda na rin ang mama ko di niya po napa annotate ung title. And almost one yr na po ang nakalipas. Kailangan pa po ba kami mag process ulit before ipa annotate ung titulo. Meron po ba expiration date or pwede na po namin ipa annotate without undergoing the prior process. Thanks po

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  10. Good day po! Naghouse construction kami sa PAGIBIG ng husband ko, ang naapprove sa amin 3M, how much po magpadocumentary stamp and annotate ng title and loan and mortgage form and ilan days process?

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