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1706 Capital Gains Tax Return for Onerous Transfer of Real Property Classified as Capital Asset (both Taxable and Exempt)

This BIR return is filed by all persons (natural or juridical) whether resident or non-resident, including Estates and Trusts, who sells, exchanges, or disposes of a real property located in the Philippines classified as capital asset as defined under Sec. 39 (A)(1) of RA 8424 for the purpose of securing a Tax Clearance Certificate to effect transfer of ownership (title) of the property from the seller to the buyer. However, filing of the return is no longer required when the real property transaction involves the following: - it is not classified as a capital asset - not located in the Philippines - disposition is gratuitous - disposition is pursuant to the Comprehensive Agrarian Reform To be filed with the RDO having jurisdiction over the place where the property being transferred is located.

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DLN:
BIR Form No.

Capital Gains
Tax Return

Republika ng Pilipinas
Kagawaran ng Pananalapi

Kawanihan ng Rentas Internas

1706
Jul y, 1999 (ENCS )

For Onerous Transfer of Real Property Classified as
Capital Asset (both Taxable and Exempt)

Fill in all applicable spaces. Mark all appropriate boxes with an “X”.
1 Date of Transaction
(MM/DD/YYYY)

2

Part I
5 TIN
Seller
9
Seller's Name (et al)

Amended Return?
Yes
No

3 No. of Sheets Attached

4

ATC

II 420
IC420

Background Information
6 RDO
7 TIN
Code
Buyer
10 Buyer's Name (et al)

Individual
Corporation

8 RDO
Code

11

Seller's Registered Address

12 Buyer's Registered Address

13

Seller's Residence Address (For Individual)

14 Location of Property

15

Classification of Property
Residential
Commercial
Condominium Residential
Agricultural
Industrial
Condominium Commercial
Brief Description of the Property
Area sold (sq.m.)

Others (specify)
Tax Declaration No.

TCT/OCT/CCT No.

Others

16

17

Is the property being sold your principal residence? (For Individual sellers only)

18

Do you intend to construct or acquire a new principal residence within 18 months from the date of disposition/sale?

19

Does the selling price cover more than one property?

21

Yes
No
Description of Transaction (Mark one box only)
Cash Sale
Installment Sale
Exempt

Foreclosure Sale

Others

Yes

No
(For Individuals)

Yes

No

20 Are you availing of tax relief under an International Tax Treaty or Special Law ?
Yes

No

If yes, specify

For Installment Sale:
22 Selling Price
23 Cost and Expenses
24 Mortgage Assumed
25 Total Payments (Collection) During the Initial Year

If Exempt, or others, specify

26 Amount of Periodic Payment (Collection)

27 No. of Installments
in the Contract
29 Fair Market Value (FMV) - Valuation at the time of Contract
FMV of Land per latest Tax Declaration
29A
29B
30

FMV of Improvements per latest
Tax Declaration
Determination of Taxable Base

28 Date of Installment
(MM/DD/YYYY)

29C

FMV of Land as determined by
BIR Commissioner (zonal value)
FMV of Improvements as

29D

determined by BIR Commissioner (BIR Rules)

30A

Gross Selling Price

30B

30C

Fair Market Value of Land and

30D

Bid Price (For Foreclosure Sale)
Taxable Installment Collected

Improvement (Sum of 29A & 29B/29C & 29D/29A & 29D/29B & 29C, whichever is higher)

30E

(For Installment Sale Excluding Interest)

30F

On the Unutilized Portion of Sales Proceeds

Others (specify)

(in case nos. 17 & 18 are applicable)
(see Schedule 1 at the back)

COMPUTATION

Part II

C o m p u t a t i o n

o f

T a x
31

31
32

Taxable Base (Item 30A or 30C, whichever is higher, for cash sale, or item 30B, or item 30D,
or Item 30E, or Item 30F, whichever is applicable)
6% Tax Due

32
33

33

Less: Tax Paid in Return Previously Filed, if this is an Amended Return
34

34
35

Tax Payable/(Overpayment)
Add: Penalties
Surcharge
35A

Interest
35B

Compromise
35C

35D

36
Total Amount Payable/(Overpayment)(Sum of Items 34 & 35D)
If Overpayment , mark one box only:
To be Refunded
To be Issued a Tax Credit Certificate
I declare, under the penalties of perjury, that this return has been made in good faith, verified by me, and to the best of my knowledge and belief,
is true and correct, pursuant to the provisions of the National Internal Revenue Code, as amended, and the regulations issued under authority thereof.
36

37

38

Taxpayer/Authorized Agent Signature over Printed Name
Part III
D e t a i l s of P a y m e n t
Drawee Bank/
Date
Particulars
Agency
Number
MM DD
YYYY
39 Cash/Bank
Debit Memo
40A
40B
40C
40 Check
41 Tax Debit
Memo
42 Others 42A

Title/Position of Signatory

Amount
39
40D

41A

41B

41C

42B

42C

42D

Machine Validation/Revenue Official Receipt Details (If not filed with the bank)

Stamp of Receiving
Office and Date of
Receipt

Schedule 1

Computation of Tax Base on the Unutilized Portion of Sales Proceeds (if box nos. 17 and 18 are applicable)

BIR FORM 1706 - CAPITAL GAINS TAX RETURN
(For Onerous Transfer of Real Property Classified as Capital Asset - both Taxable and Exempt)
Guidelines and Instructions
Who shall file:
This return shall be filed in triplicate copies by all persons (natural or
juridical) whether resident or non-resident, including Estates and Trusts, who
sell, exchange, or dispose of a real property located in the Philippines
classified as capital asset as defined under Sec. 39 (A) (1) of RA No. 8424.
The term "sale" includes pacto de retro sale and other forms of conditional
sales. The transaction may be taxable or exempt.
When and Where to File:
The return shall be filed by the seller with any Authorized Agent Bank
(AAB) of the Revenue District Office (RDO) having jurisdiction over the
place where the property being transferred is located.
In places where there are no AABs, the return shall be filed with the
Revenue Collection Officer or duly Authorized City or Municipal Treasurer of
the Revenue District Office having jurisdiction over the place where the
property being transferred is located.
The return shall be filed within thirty (30) days following each sale,
exchange or disposition of real property.
In case of installment sale where the taxpayer is allowed to pay the
tax by installment under certain conditions and requirements, the return shall
be filed within thirty (30) days following the receipt of the first down payment
or following each subsequent installment payment, whichever is applicable.
One return shall be filed for every real property sold, exchanged or
disposed of (for cash sale, or foreclosure sale), or every installment payment
made (for installment sale).
When and Where to Pay
The total amount payable shall be paid to the Authorized Agent Bank
(AAB) where the return is filed. In places where there are no AABs,
payments shall be made directly to the Revenue Collection Officer or duly
Authorized City or Municipal Treasurer who shall issue Revenue Official
Receipt (BIR Form No. 2524) therefor.
For payments in AABs, the lower portion of the return must be
properly machine-validated and stamped by the Authorized Agent Bank to
serve as the receipt of payment. The machine validation shall reflect the date
of payment, amount paid and transaction code, and the stamp mark shall show
the name of the bank, branch code, teller’s name and teller’s initial. The AAB
shall also issue an Official Receipt or bank debit advice or credit document,
whichever is applicable, as additional proof of payment.
Tax Base/Rate:
There shall be imposed a final tax rate of six percent (6%) based on
whichever is higher of the following:
1) The fair market value as determined by the Commissioner
(zonal value);
2) The fair market value as shown in the Schedule of Values o f
the Provincial and City Assessors; or
3) The selling price of the property or fair market value of the
property received in an exchange transaction.
Capital gains presumed to have been realized from the sale or
disposition of their principal residence by natural persons, the proceeds of
which is fully utilized in acquiring or constructing a new principal residence
within eighteen (18) calendar months from the date of sale or disposition ,
shall be exempt from payment of the capital gains tax: Provided, That the
historical cost or adjusted basis of the real property sold or disposed shall be
carried over to the new principal residence built or acquired: Provided,
further, that the Commissioner shall have been duly notified by the taxpayer
within thirty (30) days from the date of sale or disposition through a
prescribed return (Form 1706) and "Sworn Declaration of Intent", as
prescribed in Revenue Regulations No. 13-99, of his intention to avail of the
tax exemption herein mentioned: Provided, still further, That the said tax
exemption can only be availed of once every ten (10) years: Provided,
finally, that if there is no full utilization of the proceeds of sale or
disposition, the portion of the gain presumed to have been realized from the
sale or disposition shall be subject to capital gains tax. For this purpose, the
gross selling price or fair market value at the time of sale, whichever is
higher, shall be multiplied by a fraction which the unutilized amount bears to
the gross selling price in order to determine the taxable portion and the tax
due .
If the seller fails to utilize the proceeds of sale or disposition in full or in
part within the 18-month reglementary period, his right of exemption from the
capital gains tax did not arise to the extent of the unutilized amount, in

which event, the tax due thereon shall immediately become due and
st
demandable on the 31 day after the date of the sale, exchange or disposition
of principal residence. As such, he shall file his capital gains tax return
covering the sale , exchange or disposition of his principal residence and pay
the deficiency capital gains tax inclusive of the twenty five percent (25%)
surcharge for late payment of the tax plus twenty percent (20%) delinquency
interest per annum incident to such late payment computed on the basis of
the basic tax assessed. The interest shall be imposed from the thirty-first
st
(31 ) day after the date of sale of principal residence until the date of
payment, provided, that the date of sale shall mean the date of notarization
of the document of sale, exchange, or disposition of principal residence.
Penalties:
There shall be imposed and collected as part of
the tax:
1. A surcharge of twenty five percent (25%) for each of the following
violations:
a. Failure to file any return and pay the
amount of tax or installment due on
or before the due dates;
b.
Unless otherwise authorized by the Commissioner, filing a return
with a person or office other than those with whom it is required to
be filed;
c.
Failure to pay the full or part of the amount of tax shown on the
return, or the full amount of tax due for which no return is required
to be filed on or before the due date;
d.
Failure to pay the deficiency tax within the time prescribed for its
payment in the Notice of Assessment.
2. A surcharge of fifty percent (50%) of the tax or of the deficiency tax, in
case any payment has been made on the basis of such return before
discovery of the falsity or fraud, for each of the following violations:
a.
Willful neglect to file the return within the period prescribed by the
Code or by rules and regulations; or
b.
In case a false or fraudulent return is willfully made.
3. Interest at the rate of
twenty
percent (20%) per annum, or such
higher rate as may be prescribed by rules and regulations, on any unpaid
amount of tax, from the date prescribed for payment until the amount is
fully paid.
4. Compromise penalty.
Attachments Required:
1. Copy of the Notarized Deed of Sale or Exchange;
2. Photocopy of the Transfer Certificate of Title (TCT), Original Certificate
of Title (OCT), or Condominium Certificate of Title (CCT);
3. Certified True Copy of the latest tax declaration on lot and/or
improvement;
4. If what is sold is lot only, a certification from the Assessor’s Office that
there is no existing improvement on the property or that the improvement
is in the name of another;
5. Copy of BIR Ruling for tax exemption confirmed by the BIR, if
applicable;
6. Duly approved Tax Debit Memo, if applicable;
7. For amended return, proof of tax payment and the previously filed return.
8. "Sworn Declaration of Intent" as prescribed in Revenue Regulations 1399, if the transaction is tax-exempt because the taxpayer falls under
boxes 17 & 18. (See Form 1706)
These requirements must be submitted upon field or office audit of the
tax case before the Tax Clearance Certificate/Certificate Authorizing
Registration can be released to the taxpayer.
Note: All Background information must be properly filled up.
§
Box No. 1 refers to the transaction period and not the date of filing
the return.
§
TIN = Taxpayer Identification Number.
§
The last 3 digits of the 12-digit TIN refers to the branch code.
§
Onerous transfer means transfer for value.
§
If box Nos. 17 and 18 are applicable, taxpayer should file an
amended return (Amended Form 1706) if the sales proceeds are not
fully utilized to acquire or construct new principal residence.
However, if an Assessment Notice has already been issued,
taxpayer should use Form No. 0605.
ENCS
 
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