The lawyer is correct. The question you must asked are:
First, When should these taxes be paid?
- For CGT, the deadline is on the 30th day after the execution(notarization) of the DOAS, for DST, it is on the 5th day of the month after the execution of the DOAS. Transfer Tax is due 60 days after the execution of the DOAS.
Second, Are there penalties if the taxes are not paid on time?
- Yes, a surcharge equal to 25% of the tax due is charged for late payments, plus 20% interest per year on any unpaid taxes, plus compromise penalty (if any, this depends on the BIR officer).
Here's the requirements that you need to secure to transfer the title under your name:
-Notarized Deed of Absolute Sale and photocopies thereof
-Latest tax declaration of the property
-Realty Tax Clearance – to be secure at City Treasurer’s Office, make sure that the real property tax is fully paid/updated, if not, you will not be able to get that clearance.
-Certificate Authorizing Registration (CAR) and 3 photocopies thereof
-This is what the seller got from the BIR after paying the capital gains tax and doc stamp tax
-Receipt from BIR confirming payment of Capital Gains Tax (CGT), Documentary Stamp Tax (DST).
-Receipt from Assessor’s office for the payment of Transfer Tax
-Receipt of payment of the Registry of Deeds Registration Fees.