National Internal Revenue Code
National Internal Revenue Code
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Primary Text
NATIONAL INTERNAL REVENUE CODE TAXATION, TARIFF and CUSTOMS LAWS
value of real property or reduced by not more than one
per cent thereof;
2. For any tax year, the existing assessment level or levels
may be increased or decreased by not more than thirty
per cent;
3. As may be recommended by the Minister of Finance on
the basis of changes in price levels, the period of general
revision of property valuations for taxation purposes may
be extended up to five years or reduced to two years;
4.
Before any recommendation is submitted to the
president by the Minister of Finance pursuant to the
provisions of this section, a public hearing shall first be
held, whenever practicable, where interested parties shall
be afforded to a reasonable opportunity to be heard.
CHAPTER II APPRAISAL AND ASSESSMENT OF
REAL PROPERTY
Section 5. Appraisal of Real Property All real property,
whether taxable or exempt, shall be appraised at the
current and fair market value prevailing in the locality
where the property is situated.
Section 6. Declarations of Real Property by Owner or
Administrator. It shall be the duty of all persons, natural or
juridical, owning or administering real property, including
the improvements therein, within a city or municipality,
or their duly authorized representative, to prepare, or
cause to be prepared, and file with provincial or city
assessor, a sworn statement declaring the true value of
their
property,
whether
previously
declared
or
undeclared, taxable or exempt, which shall be the current
and fair market value of the property, as determined by
the
declarant.
Such
declaration
shall
contain
a
description of the property sufficient in detail to enable
the assessor or his deputy to identify the same for
assessment
purposes.
The
sworn
declaration of real
property herein referred to shall be filed with the assessor
concerned once every three years during the period from
January first to June thirtieth commencing with the
calendar year 1980, unless required earlier by the Minister
of Finance. (Amendments to Certain Sections of P.D. No.
464 As Amended (Real Property Tax Code), Presidential
Decree No. 1621, [April 19, 1979])
Section 6-A. It shall also be the duty of any person or his
authorized representative acquiring at any time real
property in any municipality or city or making any
improvement on real property, to prepare, or cause to be
prepared, and file with the provincial, city, or municipal
assessor, a sworn statement declaring the true value of
subject
property,
within
sixty
(60)
days
after
the
acquisition of such property, or upon completion or
occupancy of the improvement, whichever date comes
earlier. (as amended by Presidential Decree No. 1383,
[May 25, 1978])
Section 7. Declaration of Real Property by the Assessor
When any person, natural or juridical, by whom real
property is required to be declared under Section six
hereof refuses or fails for any reason to make such
declaration within the time prescribed, the provincial or
city assessor shall himself declare the property in the
name of the defaulting owner, if known, or against an
unknown owner, as the case may be, and shall assess the
property for taxation in accordance with the provisions of
this Code. No oath shall be required of a declaration thus
made by the provincial or city assessor.
Section 8. Listing of Real Property in the Assessment
Rolls. In every province and city, there shall be prepared
and maintained by the provincial or city assessor an
assessment roll wherein shall be listed all real property,
whether taxable or exempt, located within the province
or city. Real property shall be listed and valued in the
name of the owner or administrator, or anyone having
legal interest in the property.
The undivided real property of a deceased person may be
listed and valued in the name of the estate, or of the heirs
and devisee without designating them individually; and
undivided real property other than owned by a deceased
may be listed and valued in the name of one or more
co-owners; Provided; however, That such heir, devisee or
co-owner
shall
be
liable severally for all obligations
imposed by this Code and for the payment of the real
property tax with respect to the undivided property.
The
real
property
of
a
corporation,
partnership
or
association shall be entered and assessed in the same
manner as that of an individual.
Real property owned by the Republic of the Philippines,
its
political subdivisions and any government-owned
corporation so exempt by its charter, the beneficial use of
which has been granted, for consideration or otherwise,
to a taxable person, shall be listed for purposes of taxation
in the name of the grantee, or of the public entity if such
property has been acquired for resale or lease.
The assessment roll shall be prepared in accordance with
rules and regulations prescribed by the Secretary of
Finance.
Section 9. Proof of Exemption of Real Property from
Taxation. Every person by or for whom real property is
declared, who shall claim tax exemption for such property
under this Code shall file with the provincial or city
assessor
within
thirty
days
from
the
date
of
the
declaration
of
real
property
sufficient
documentary
evidence in support of such claim, including corporate
charters, titles or ownerships, articles of incorporation,
by-laws,
contracts,
affidavits
and
certifications
and
mortgage deeds, and similar documents.
If the required evidence is not submitted within the
period herein prescribed, the property shall be listed as
taxable in the assessment roll. However, it shall be proven
to be tax exempt the same shall be dropped from the roll
of taxable properties.
Section
10.
Real
property
Identification
System.
All
declarations of real property made under the provisions
of this Code shall be kept and filed under a uniform
identification system to be established by the provincial
of
city
assessors
in
accordance
with the rules and
regulations to be prescribed by the Secretary of Finance.
Section
11.
Notification of Transfer of Real Property
Ownership. Any person who shall transfer real property
ownership to another shall notify the assessor of the
province or city wherein the property is situated within
sixty days from the date of such transfer. The notification
shall include the particulars of the transfer, description of
the property alienated, and the name and address of the
transferee.
Section 12. Duty of Register of Deeds to Apprise Assessor
of Real Property Listed in Registry. To ascertain whether
or not any real property entered in the Registry of
Property
has
escaped
discovery
and
listing
for
the
purpose of taxation, the Register of Deeds shall prepare
and submit to the provincial or city assessor, within two
years from the date of approval of this Code an abstract of
his
registry,
which
shall
include
brief but sufficient
description of the real properties entered therein, their
present owners and the dates of their most recent
transfer
or
alienation's
accompanied
by
copies
of
corresponding deeds of sale, donation or partition or
other form of alienation.
It shall also be the duty of the Register of Deeds to require
every
person
who
shall
present
for
registration
a
document of transfer, alienation or encumbrance of real
property to accompany the same with a certificate to the
effect that the real property subject of the transfer,
alienation or encumbrance, as the case may be, has been
fully paid of all real property taxes due thereon. Failure to
provide such certificate shall be a valid cause for the
Register
of
Deeds
to refuse the registration of the
document.
Section 13. Duty of Official Issuing Building Permit or
Certificates of Registration of Machinery to Transmit Copy
to Assessor. Any public official or employee who may now
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137 of 201
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