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Free Legal Advice Philippines » FREE LEGAL ADVICE » PROPERTY » Property not declared in extrajudicial settlement

Property not declared in extrajudicial settlement

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mamabee


Arresto Menor

In 2008 we sold our late father's residential property in Mandaluyong. We executed an extrajudicial settlement of estate only for that property and paid the estate tax. However, my father's other properties were not declared in the extrajudicial settlement. Now, we are selling another property of my father which was not declared in the extrajudicial settlement. Will this affect the transfer of title to the buyer? How do we go about it?

kabbalplus


Arresto Mayor

Opo magkakaproblema kayo kapag hindi naka declare sa extrajudicial. Magpagawa nalang kayo ng bagong extrajudiacial. May declararion of heirship pa naman yun o kaya deckaration of real property ang hanapin mo. Tapos pagawa ka ng bagong extrajudicial tutal patay na naman yung father mo. Ibang usapan na naman iyon.

mamabee


Arresto Menor

So pwede palang magpagawa ng bagong extrajudicial declaring all his properties. Di po ba one time payment lang ang estate tax? Nagbayad na kami for the previous sale. Di po ba kami ipepenalize ng BIR niyan?

mamabee


Arresto Menor

Isa pa po. Legal ba yung magpagawa ng extrajuducial na nakadeclare lang ang isang property na binebenta namin at di kasam yung iba? Bakit ganun ang ginawa ng dating lawyer dun sa unang nabentang property? Para makabawas sa estate tax? Pinagawa lang kasi yun ng isang kapatid ko.

Lunkan


Reclusion Perpetua

(My Tagalog is bad, so I'm not sure I understood all.)
There are more than one type of tax concernimg properties.
1. The YEARLY.
2. When inherit.(But I believe no tax if the value is low.)
3. Plus at least some barangays/municipalies have a tax related to properties, which is suppoused to be to support schools.

So I suppouse only one property was handled last time to DELAY needing to pay p2 type (and perhaps to stay under the free limit).

It seem the p1 tax wasn't and isn't paid. Such depts have to be paid to title transfers approved.

kabbalplus


Arresto Mayor

Magkakaproblema talaga kayo nyan sa tax evation, under the table pala yung ginawa sa ibang property. Kailangan mo na fixer sa loob ng bir para maayos alam nila kung paano pababain ang tax nya

kabbalplus


Arresto Mayor

Delikado na maimbargo ng gov yung ginagawa nyo na hindi i declare yun ibang property, mas maganda pa kung pinafixer nyo nalang less hussle pa sa paglakad ng doc. Yun nga lang ingat lang sa pagkuha ng fixer.

Lunkan


Reclusion Perpetua

kabbalplus wrote:Magkakaproblema talaga kayo nyan sa tax evation, under the table pala yung ginawa sa ibang property. Kailangan mo na fixer sa loob ng bir para maayos alam nila kung paano pababain ang tax nya
Well. Perhaps Smile
Some fixers and even some lawyers make ILLEGAL "solitiobns". (For instance it's common lawyers put up DUMMIES to try to get around the Anti-Dummy law !!! )

But topicstarter can need a lawyer (or fixer if having the knowledge) to solve the problem the other lawyer made.

mamabee


Arresto Menor

Fixer is still illegal, right? So it's better to do the right thing. Hire a decent lawyer.

Lunkan


Reclusion Perpetua

mamabee wrote:Fixer is still illegal, right? So it's better to do the right thing. Hire a decent lawyer.
It depend of how good solutions are made Smile Rather many LAWYERS make ILLEGAL "solutions" with dummies... But it's biger chance a lawyer know what can be done in more complicated situations.

"Fixer" normaly mean they take care of ALL, go to different offices and wait, so the customer don't need to do it yourself. (As for instance all steps to register a business.)

mamabee


Arresto Menor

Are you a lawyer? Just curious.

Lunkan


Reclusion Perpetua

mamabee wrote:Are you a lawyer? Just curious.
No. But I have handled many cases in court both for clients and myself. Wonn all against private opponents and around half against tax or local governments. It's harder to winn against the public because they make the laws...  Laughing

That's in my home country. When I were teenager I planed to become lawyer, but I skiped it because tie was obligatoric dress back then  Laughing
But I have been studying Philippine law rarher much and for instance noticed it's common that lawyers make a dummy "solution" although it don't follow the "Anti-dummy" law!!!  So I suppouse it wouldn't stand in court...

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